Conditions of purchase

1. PARTIES AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF CONTRACT:

(hereinafter also the General Terms and Conditions or GTC):

On the one hand, the supplier of the products, XAVIER VIDAL I ROCA, S.L., whose commercial name is Luthier Vidal (hereinafter also the provider), with registered office at C/ Girona 124 08009 Barcelona, CIF: B62017330, customer service telephone +34 93 459 42 42, and e-mail: info@luthiervidal.com, being the owner of the website https://luthiervidal.com, sets out the contractual document that will govern the contracting of products through the aforementioned website.

And on the other hand, the User - Client (hereinafter the User), registered on the website by means of a user name and password, for which he/she has full responsibility for use and custody, being responsible for the veracity of the personal data provided to the provider.


BOTH ACCEPT this document, and implies that the user:

  1. Has read, understands and comprehends what is set out herein.
  2. That he/she is of legal age and has sufficient capacity to contract.
  3. That he/she assumes all the obligations set forth herein.
  4. That he/she has read and accepts these general conditions of purchase from the moment he/she acquires any of the products offered.

This document may be printed and stored by Users.

The provider makes available to them the e-mail address info@luthiervidal.com so that they can ask any questions about these conditions.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the provider's website https://luthiervidal.com.

The provider reserves the right to unilaterally modify these General Conditions, without affecting the goods or promotions that were purchased prior to the modification, in order to improve the products offered. In any case, these general conditions must be consulted before purchasing the products.

It is advisable to keep a copy of the data contained in the products purchased. [ shop.name] shall not be liable for any loss of data, files or any damage resulting from a failure by the User to back up the data contained in the purchased products such as memory cards.

[shop.name] shall not be held responsible for any consequences that may result from the improper use of the products on sale on the website.
The civil liability of Luthier Vidal for the products supplied is limited to the amount of the same, the user waives any liability to Luthier Vidal for any concept in any case of dissatisfaction with the products purchased on the website https://luthiervidal.com, as well as possible failures, slow access or errors in accessing the website, including loss of data or other types of information that may exist on the computer or network of the user accessing the website https://luthiervidal.com.

[shop.name] is a company specialising in the distance selling of stringed instrument products and accessories. [ shop.name] sells its products remotely over the Internet through its website and/or by telephone. The Provider has a physical shop at C/ Girona 124 08009 Barcelona for the sale of its products.

2. SUBJECT MATTER OF THE CONTRACT:

2.1 Scope: The purpose of this contract is to regulate the contractual purchase-sale relationship that arises between the provider and the user when the user accepts these terms and conditions of purchase during the online contracting process by checking the corresponding box. These GTC shall apply from the day on which the order is placed.

The contractual purchase relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product.

2.2 Territory of application: The https://luthiervidal.com online shop is active for the whole of Spain/Europe/for the whole world.

2.3 Capacity to contract: In order to place an order you must be of legal age and have the capacity to contract.

2.4 Customer acceptance: The validation of an order through the website https://luthiervidal.com is carried out by e-mail and also implies automatic acceptance of the GTC. These terms and conditions are available on the https://luthiervidal.com website or , if you wish and request them, we can make them available to you by e-mail.

2.5. Modification of the General Terms and Conditions: Luthier Vidal reserves the right to make changes and/or modifications to these General Terms and Conditions. We advise our customers to review them regularly. In the event that these changes or modifications are made after an order has been placed, the terms and conditions in force on the date on which the order was placed shall apply.

3. INFORMATION PROVIDED ON THE WEBSITE https://luthiervidal.com:

3.1 Publication of prices: The prices of the products are those shown for each product on our website https://luthiervidal.com.

3.2 Product information: The information contained in our advertising, brochures, other written material, on our website or provided to you constitutes an invitation to make a purchase. The contents of https://luthiervidal.comare constantly being renewed and updated to provide our customers with the most complete and detailed information possible. All the contractual information on https://luthiervidal.com is displayed in Spanish (Castilian) and communication with customers and users, as well as the formalisation of the contract, will be carried out in this language, although, if the customer so wishes, it may be done in Catalan or English, always indicating this before starting the contracting procedure.

3.3 Availability of the product(s): There may be occasions when it is impossible to supply all the products because they are not in stock or available at the time of purchase. In these cases, the product in question will be visible, but not available for purchase.

3.4 Right of Cancellation: Luthier Vidal reserves this action (right of cancellation) for the delivery of a specific product that does not meet the quality requirements imposed on all https://luthiervidal.com products. In the event that this lack of quality is detected, Luthier Vidal Customer Service will suggest a replacement product and, if the replacement is not to the customer's liking, the cost of the product will be refunded.

3.5 Orders 24 hours a day, every day of the year : Orders are received twenty-four (24) hours a day, three hundred and sixty-five (365) days a year, although orders placed after thirteen (13:00) hours will not be processed until the following working day at Barcelona. Orders received on Fridays will be processed to arrive on Tuesdays. After that time they will be processed on Mondays and delivered the next working day, in peninsula and as stipulated in the corresponding section for orders from outside the peninsula.
Exceptions are holiday periods (such as Easter, August or local, regional or national holidays).

3.6 Fraud:If Luthier Vidal suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.

4. PURCHASING PROCEDURE

In order to access the products offered by the provider, the user must register on the website by creating a user account. To do this, the user must freely and voluntarily provide the personal data that will be required.

The user will select a user name and password, undertaking to make diligent use of the same, and not to make them available to third parties, as well as to notify the provider of the loss or theft of the same or of possible access by an unauthorised third party, in such a way that the latter may proceed to block them immediately.

The user may not choose as a user name words that are intended to confuse others by identifying him/her as a member of the provider, as well as offensive, offensive and generally contrary to the law or the requirements of morality and decency expressions.

Once the user account has been created, we inform you that in accordance with the requirements of art. 27 of Law 34/2002 of Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:

  1. Choose the product by clicking on it, and it will be automatically added to the "shopping cart".
  2. If you wish to add more products, you must select the option "Continue shopping". If by mistake you have added a product that you do not want, click on the option to remove it from the shopping cart.
  3. Once you have chosen the product(s), click on the "Finish" tab to complete the order. When you click on this option, the confirmation of the purchase will appear (summary of the order placed, your details and chosen payment method).
  4. The user's credentials will be requested in three ways:

    1. user registration: if you are not a previously registered user, in order to make the purchase (this registration is free), you will have to fill in a data collection form (in which you will have to accept the Privacy Policy ). Once this form has been completed, you will receive an e-mail confirming your registration at the e-mail address indicated.
    2. If you are already registered and are already a customer: you can access your data by clicking on the registered user button, enter your user name and password.

Please check the spam and junk mail controls in your e-mail inbox and always verify that the contact details you provide are correct.

  1. Once you have registered, you will see a comments screen, where you can indicate the delivery time; a check box that you must tick as this is your acceptance of theseGeneral Terms and Conditions and the Privacy Policy.
  2. To complete the process, you must click on the button "confirm order".


In any case, the provider's contracting platform will inform the user, once the contracting procedure has been completed, via email regarding all the characteristics, price, forms of transport, contracting date and delivery times of the product purchased.

If there is any type of error in the address indicated or in any other part of the order, you must notify us immediately at the e-mail address that will appear on the website in order to correct the error.

If you have any doubts, you can contact our Customer Service Department by any of the methods provided on the website https://luthiervidal.com.

[shop.name]will provide Customer Service for FREE through our contact email info@luthiervidal.com, if you choose another alternative means of communication, the user will be responsible for the particular cost of the same.

[shop.name]provides you with telephone numbers in Spain subject to the cost of your telephone operator.

5. SHIPMENT

5.1 Transport company: will be carried out through the following companies:
- Nacex, at the customer service telephone number, which is 900100000.
- Mail Boxes, at the customer service telephone number, which is 932656929.

5.2 Shipping costs: Standard shipping costs will be applied as follows:

Once you have added all the items to the basket, you can check the shipping costs of the order, which will be automatically generated depending on the quantity and volume of the products purchased, the shipping method chosen and the location to which it is sent. The costs are calculated by weight, so in many cases they are the same, or increase very little, for a single item as they are for several items.

There are free shipping costs for purchases over 199€* for the following destinations: Mainland Spain, Portugal, Germany, France and Italy, and for purchases over €299* in Austria, Belgium, Great Britain, the Netherlands and Luxenburg.

*(except for shipments with a volumetric weight of more than 20kg).

Peninsular express delivery within 24h - 72h working days. Orders placed after 15h will be processed on the next working day. To avoid storage, instruments are not shipped on Fridays or on the eve of public holidays. Prices may vary according to weight and size of the package. Free shipping is available for purchases over 199€ for deliveries to mainland Spain and Balearic Islands.

Delivery in Europe in 2-10 working days. Orders placed after 4pm will be processed on the next working day. To avoid storage, instruments are not shipped on Fridays or on the eve of public holidays. Prices may vary according to weight and size of the package. Free shipping is available for purchases over 299€* to AT, BE, DE, FR, GB, IT, LU, NL. Shipping costs per unit product.

Delivery rest of the world in 2-15 working days. Orders placed after 16h will be processed on the next working day. To avoid storage, instruments are not shipped on Fridays or on the eve of public holidays. Prices may vary according to weight and size of the package.

All shipments to countries outside the European Union may include customs duties and transportation fees. These charges will be borne by the customer.
To find out how much your order will cost, we recommend that you contact the customs office in your country to find out what charges apply to your order.

When the user-customer adds the product to the cart and confirms the shipping address, the system will automatically show the shipping price mentioned above.

5.3 Shipping address: Orders will be delivered in two possible ways:
a. At the delivery address freely designated by the user, in such a way that the provider assumes no responsibility for when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company, assigned for this purpose, such as the absence of the addressee.
b. At the registered office at C/ Girona 124 08009 Barcelona.

When you make the purchase you choose the place of delivery and / or collection.

The delivery time of the order will be during normal working hours,

Notwithstanding the foregoing, the Provider has taken the measures required of a diligent trader to ensure that delivery can be made within the agreed time, for which reason no liability can be imputed to the Provider.

Deliveries are only made to the destinations specified in section 5.2 of these terms and conditions.

[shop.name] will make every effort to ensure that your order is delivered within the period stated on our website on the date of issue of the order confirmation.

5.4 Delivery times:The delivery time is usually between 1-5 days for mainland Spain, Ceuta, Melilla, Balearic and Canary Islands, between 2-10 in Europe and between 2-15 to the rest of the countries detailed in the international delivery (section 5.2.), depending on the product, depending on the destination town and the chosen payment method. This term is understood as long as the availability of the service has been confirmed and full payment of the order has been verified. In the case of products that are not available at the time of purchase, our Customer Service can provide you with information on availability.

If you have ordered several products in the same order, please note that they may have different availability dates, in which case you may receive them on different dates. Please note that if any of the references are not available at the time of shipment, you have the right to cancel the order at any time before shipment by contacting our Customer Service via the following email address: info@luthiervidal.com indicating the order number.

5.5 Confirmation of dispatch:When the order is delivered to our carrier, we will send you confirmation of dispatch to the email address you provided when placing the order. In the shipping confirmation we will indicate the corresponding tracking number so that you can track it through our carrier's website.

5.6 Damage on delivery:The products are sent in secure packaging. If at the time of delivery, without the need to manipulate the shipping packaging or the product itself, it is visible and clear that a product has defects caused by transport damage or an error in the goods received, the customer should immediately contact our Customer Service line +34 93 459 42 42 or email info@luthiervidal.com, in order to be able to request the return of the product or products affected and proceed to replace them with another in optimum conditions or refund the price paid for them, as indicated in the aforementioned email.

Likewise, if damage to the product is detected once the package has been opened while the packaging is in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it on our Customer Service line +34 93 459 42 42 or by email info@luthiervidal.com.

6. PRICES AND TERMS OF VALIDITY OF OFFERS:

All prices displayed in the shop https://luthiervidal.com include the VAT in force at the time of purchase. All prices shown on the website are valid and are expressed in Euro currency (€). These costs, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.

VALUE ADDED TAX: In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the products shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question. For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT in accordance with the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.
If the Customer lives outside the European Union, prices do not include VAT. The Customer may be subject to different taxes and customs duties depending on the content, value and other factors provided for in the regulations of the Customer's country. These amounts must be paid by the Customer in order to receive the purchased package.
The user will receive the invoice of the order to the e-mail address provided by the user once the purchase has been made.

The prices applicable to each product will be those published on the website and automatically applied by the contracting process in the last phase of the same.

In the case of promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered during the promotion period.

The delivery method is detailed in section 5 of these general terms and conditions.

The data recorded by the different payment methods constitute proof of the date on which the financial transactions were made and will be used to determine whether or not the order is subject to promotion.

For any information about the order, the User may contact the Provider's customer service telephone number or via e-mail to the address provided.

7. PAYMENT METHODS:

Below, we detail the systems available:

7.1 Payment by credit card, debit card or BIZUM: The user must have a valid credit or debit card, where all the digits of the card number must be specified on the corresponding form. The transaction is formalised at the time of placing the order. We only accept payments with secure cards in which your identity as the cardholder is authenticated in accordance with the method established by your bank, through secure electronic commerce ("Verified by Visa" and "MasterCard SecureCode"). The order cannot be taken into account and will not be processed until the payment has been authorised by your bank or cashier.

We use the system called SSL (Secure Sockets Layer), a payment system in a secure environment that allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.

7.2 Payment by transfer or deposit to account:At the time of finalizing the order the user will receive instructions with the account number to pay the order. It is essential that the assigned order number and the user's name are clearly indicated on the transfer order. In order to confirm the order it will be necessary to make the transfer within 7 days, otherwise it will be cancelled in our system.

7.3 PayPal: Once the purchase is completed, if this payment method is chosen, you will be redirected to the official PayPal website where you can make the payment. Once the payment has been made correctly, your order will be finalised and an e-mail will be sent with a summary of your purchase. By clicking on the "Back to website" button you will return to the website to view your order and print it.

PayPal automatically encrypts sensitive data using the most advanced technologies available on the market. PayPal has its own privacy policies and Luthier Vidal is not responsible for them.
7.4 Cash on delivery:The cash on delivery method of payment is upon delivery of the order, when the transport company delivers the package you will have to have the amount of the order ready to make the payment of the same, if not, the recipient must go to pick up your order at the Company, as well as after 2 absent at the delivery address. Orders will only be delivered to the address provided by the customer when placing the order.

7.5 Aplazame: selecting this option redirects you to the form on the company's website "Aplazame", which allows you to make the purchase and request payment in instalments. Once you have selected the number of instalments, you must fill in a form with your personal details and accept the privacy policy and conditions of "Aplazame". If your request is approved by this entity, you must enter your credit card details and the first charge will be made automatically at that time. At any time you can repay your outstanding payments and finalise the financing. In case of advancing the total of the instalments, the total interest to be paid decreases, paying only the interest in relation to the time you have had the financing. This procedure is indicated in the terms and conditions of this entity.

8. RIGHT OF WITHDRAWAL:

8.1 Right of withdrawal: the user has the right to exercise the right of withdrawal, and for this purpose has a period of 14 calendar days from receipt of the product, without penalty for its exercise; the refund to the consumer of the amount of the product must be made within 14 days following the exercise of the right of withdrawal by the user/consumer. In relation to the shipping costs for the return of the products, these shall be borne by the user/consumer. The exercise of the right of withdrawal is not subject to any formalities. The consumer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary according to their nature, characteristics or functioning, without thereby limiting his right to exercise the right of withdrawal. You must send an e-mail with your order number (in order to obtain reimbursement of the amount of the product(s) within a maximum period of fourteen (14) calendar days following receipt of the order) together with your contact details. You can send it to us by e-mail info@luthiervidal.com or by post (by any means permitted by law), always within 14 calendar days of receipt of the order. After this period, you may only request the return or exchange of the product(s) for technical reasons subject to the guarantee of said product(s).

You must return the product with all the elements with which it was delivered, without damage or marks of wear of any kind, and that does not denote an inappropriate use of the good or different from the nature of the same to the address we have provided.

It is advisable to return the product in its original packaging, in case it is not possible, the product could suffer a depreciation in its value. The customer will be responsible for the packaging and protection of the product(s) being sent as well as the costs of shipping.

Provided that the products are returned within 14 calendar days, without damage or marks of wear and tear and in compliance with the requirements set out in this section, we will refund the full purchase price.
8.2 Returns due to an error in the order placed by Luthier Vidal: When the product does not correspond to that of the order, due to an error attributable to the company, the user must notify the company by e-mail as soon as possible; Luthier Vidal will bear the cost of collecting the product sent in error and delivering the product corresponding to that of the order placed.

8.3 Verification of Returns: The verification and checking of the products being returned will be the responsibility of Luthier Vidal which, once at its facilities, will verify that they are received in compliance with all the requirements established in section 9.1. In the event that any of the elements are missing, we will inform you in writing via email indicating the missing content.

9. REFUNDS:

When the return takes place (if the withdrawal is exercised), the amount paid for the product plus shipping costs will be refunded. The return costs will be borne by the consumer-user. The deadline for the refund will be within a maximum of 14 calendar days and through the same means in which the purchase was made.

10. APPLICABLE GUARANTEES AND AFTER-SALES SERVICES:

10.1 Guarantee:All products offered through the website are completely original, unless otherwise stated in their description.

Satisfaction guarantee: If at the time of receiving the product and, before exercising the right of withdrawal, the user is not convinced by the purchase, he/she may choose any of the following options:
1. exchange the product for a voucher of the same value as the product purchased and returned, to exchange it for another of the same value (if the price of the product were higher than the price of the voucher, the user must pay the difference),
2. Exchange the item for another, if the price of the product is higher than the price of the exchanged product, the user must pay the difference.

10.2Guarantee in the event of a defective product: In the event of a defective product, Luthier Vidal shall repair, replace, reduce the price or terminate the contract (as applicable), which shall be free of charge for the user. [ shop.name] shall be liable for any lack of conformity which becomes apparent within 3 years of delivery; the consumer-user must inform Luthier Vidal of the lack of conformity within two months of becoming aware of it.

12. ONLINE DISPUTE RESOLUTION:

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.

13. APPLICABLE LAW AND JURISDICTION:

These conditions shall be governed by or construed in accordance with Spanish law in that which is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions, to the Courts and Tribunals of the domicile of the provider (if it is not considered as a consumer for the purposes of the TRLGDCU) or the user (if it is considered as a consumer for the purposes of the TRLGDCU).

14. APPLICABLE REGULATIONS:

These General Conditions are subject to the provisions of:
European regulations governing electronic commerce:

  • Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive);
  • Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the internal market (Directive on electronic commerce).

Spanish legislation:

15. COMMENTS AND SUGGESTIONS:

We welcome your comments and suggestions. Please send us such comments and suggestions via our contact form.
We also have official complaint forms available for consumers and users. You can request them by calling our Customer Service telephone number +34 93 459 42 42 or by using our contact form.