1. GENERAL INFORMATION
The ownership of this website www.laviolinista.es (hereinafter website) is held by: Klara Gomboc Fornazaric with NIF: 43860149T, whose contact details are:
Address: Calle Juan de Rihuerga 20, Bloque 3, LC 1, 29010 Málaga
Phone number: + 34 682045132
This document (as well as all other here mentioned documents) regulates the conditions governing the use of this website (www.laviolinista.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these conditions it is understood that the activity that Klara Gomboc Fornazaric develops through the Website includes:
CDs, USBs and MP3/WAV/FLAC
Likewise, these Conditions might also change over time. The User is responsible for consulting them each time he or she accesses, browses and/or uses the Website, since those in effect at the time of the purchase of products and/or services will be applicable.
For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which reason, from the moment the navigation on the Website begins, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes his responsibility for the correct use of the Website. This responsibility will extend to:
- Making use of this Website only to make legally valid inquiries and purchases or acquisitions.
- Not making any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be annulled and the relevant authorities reported.
- Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User may formalize, at their choice, with Klara Gomboc Fornazaric the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.laviolinista.es, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Checkout”
Likewise, the User must fill in and/or verify the information that is requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Klara Gomboc Fornazaric has received your order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase has been shipped.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email. Likewise, the User can, if he or she wishes, obtain a copy of his or her paper invoice, requesting it from Klara Gomboc Fornazaric using the Webpage’s contact form or through the contact details provided above.
The User acknowledges that he or she is aware, at the time of the purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, its image on its page on the Website, indicating in an informative but not exhaustive manner, and in each specific case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or o cost of services; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by Klara Gomboc Fornazaric through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects their supply and/or the provision of services. If there are difficulties regarding the supply of products or if there are no products on stock, Klara Gomboc Fornazaric commits to contacting the User and reimbursing any amount that may have been paid for that particular product. This will be equally applicable in cases in which the provision of a service becomes unrealizable.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless by legal requirement, especially in relation to VAT, a different matter is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Klara Gomboc Fornazaric uses the following delivery and/or shipping services: Correos, SEUR, UPS, MRW, DHL etc.
In no case will the Website add additional costs to the price of a product or a service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment are: Credit or debit card and PayPal
Klara Gomboc Fornazaric uses all means available to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, and if this entity does not authorize payment, Klara Gomboc Fornazaric will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Once Klara Gomboc Fornazaric receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient means to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and/or confirmation of the service provided is sent to the User in the manner and at the place established.
In any case, by clicking on “Complete purchase” the User confirms that the payment method used is his or her own.
In the cases in which it is appropriate to make the physical delivery of the purchased goods, the deliveries will be made in the following territory: Anywhere in the World.
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If for any reason Klara Gomboc Fornazaric could not meet the delivery date, she will contact the User to inform him or her of this circumstance and the User may choose to go ahead with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In each case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he or she must contact Klara Gomboc Fornazaric to arrange a delivery another day.
In the event that 30 days have elapsed since your order was available for delivery, and it has not been delivered for reasons not attributable to Klara Gomboc Fornazaric, Klara Gomboc Fornazaric will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional expenses resulting from the User’s own choice of a different delivery method than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that should be covered by him or her.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Klara Gomboc Fornazaric receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place after full receipt of the amount subject to payment for Klara Gomboc Fornazaric.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he or she detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify them by contacting Klara Gomboc Fornazaric through the contact form provided on the Website, and, where appropriate, through the one enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal connection space to the Website.
In any case, the User, before clicking on “Complete purchase”, has access to the space, cart, or basket where their purchase requests are recorded and can make changes.
In the cases in which the User acquires products on or through the owner’s Website, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification. In the case of a product in digital format (MP3, WAV or FLAC) the User cannot withdraw from the made purchase.
This withdrawal period will expire in 14 calendar days from the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Website of Klara Gomboc Fornazaric or in the event that the goods that make up your order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day the contract was entered into.
To exercise this right of withdrawal, the User must notify his decision to Klara Gomboc Fornazaric. You can do so, where appropriate, through the Website’s contact form.
The User, regardless of the means he or she chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Klara Gomboc Fornazaric makes available to you as an annex to these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, Klara Gomboc Fornazaric will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a different shipping method than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Klara Gomboc Fornazaric is informed of the decision to withdraw by the User.
Klara Gomboc Fornazaric will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Klara Gomboc Fornazaric could withhold said reimbursement until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to Klara Gomboc Fornazaric at: Calle Juan de Rihuerga 20, Bloque 3, LC 1, 29010 Málaga
This must be done without undue delay and, in any case, no later than 14 calendar days from the date on which Klara Gomboc Fornazaric was informed of the withdrawal decision.
The User acknowledges knowing that he or she must assume the direct costs of the return (transportation, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs /DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by Klara Gomboc Fornazaric, you will have lost your right of withdrawal.
In any case, no refund will be made if the product has been used beyond its mere opening, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, in addition to a copy of the purchase invoice.
You can download the model withdrawal form at the following link: https://www.laviolinista.es/withdrawal
Return of defective products or shipping error
This applies to those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they should contact Klara Gomboc Fornazaric immediately and let her know of the existing nonconformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where appropriate, the replacement of the same is justifiable.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the nonconforming item is justifiable.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation currently in force for the User, as a consumer and user, will always apply.
The User, as a consumer and user, enjoys guarantees on the products that he or she can acquire through this Website, in the legally established terms for each type of product, responding to Klara Gomboc Fornazaric, therefore, for the lack of conformity of the same that manifests itself within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Klara Gomboc Fornazaric and possess the qualities presented therein; are suitable for the uses to which products of the same type are commonly used; and present the usual quality and benefits of a product of the same type and that are generally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products that are marketed on the Website could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he or she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his or her legal guarantee rights during the two years following the delivery of the products in question. For this, the User must have kept all the information in relation to the guarantee of the products.
9. EXEMPTION OF LIABILITY
Unless otherwise provided by the Law, Klara Gomboc Fornazaric will not accept any responsibility for the following losses, regardless of their origin:
- any losses that were not attributable to any breach by her;
- business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
- any other indirect loss that was not reasonably foreseeable by both parties at the time the sale contract for the products was formalized between both parties.
Likewise, Klara Gomboc Fornazaric also limits her liability in the following cases:
- Klara Gomboc Fornazaric applies all the measures related to providing a faithful visualization of the product on the Website, but is however not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this kind
- Klara Gomboc Fornazaric will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, she is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, highway retentions, and in general any other events typical of the sector, which can result in delays, losses or theft of the products.
- Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Klara Gomboc Fornazaric puts all the means at the User’s disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however she disclaims responsibility for causes that are not attributable to her, such as fortuitous causes or force majeure.
- Klara Gomboc Fornazaric will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Klara Gomboc Fornazaric will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
- In general, Klara Gomboc Fornazaric will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond her reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustive:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Klara Gomboc Fornazaric will have an extension in the term to comply with them for a period of time equal to the duration of the cause of force majeure. Klara Gomboc Fornazaric will use all reasonable means to find a solution that allows her to comply with her obligations despite the force majeure event.
10. WRITTEN COMMUNICATION AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Klara Gomboc Fornazaric are electronic (email or notifications published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Klara Gomboc Fornazaric send electronically comply with the legal requirements to be in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with Klara Gomboc Fornazaric through the contact means provided in these Conditions.
Similarly, unless otherwise stipulated, Klara Gomboc Fornazaric can contact and/or notify the User by email or via the provided postal address.
No waiver by Klara Gomboc Fornazaric of a specific legal right or action or the lack of a requirement by Klara Gomboc Fornazaric for strict compliance by the User with any of its obligations shall imply, nor a waiver of other rights or actions derived from a contract or of the Conditions, nor will it exonerate the User from the fulfillment of his obligations.
No waiver by Klara Gomboc Fornazaric of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and Klara Gomboc Fornazaric in relation to the object of sale and replace any other prior agreement, agreement or promise agreed verbally or in writing by the same parties.
The User and Klara Gomboc Fornazaric acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by the Law of Spain.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Klara Gomboc Fornazaric and the User will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The Users can send Klara Gomboc Fornazaric their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Klara Gomboc Fornazaric has official claim forms available to consumers and users, who can request them from Klara Gomboc Fornazaric at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a controversy would emanate from the conclusion of this purchase contract between Klara Gomboc Fornazaric and the User, the User as a consumer can request an out-of-court solution of controversies, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of disputes in line in terms of consumption and which modifies Regulation (EC) 2006/2004 and Directive 2009/22/CE. This method can be accessed through the following website: https://ec.europa.eu/consumers/odr/.