Conditions of purchase

1. PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:

(hereinafter also the General Conditions or GCC):
 
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 number +34 93 459 42 42, and e-mail: info@luthiervidal.com, being the owner of the website https://luthiervidal.com, presents 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 using a username 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 it implies that the user:

  1. Has read, understands and comprehends what is set forth herein.
  2. Is a person of legal age and with sufficient capacity to contract.
  3. Assumes all obligations set forth herein.
  4. Has read and accepts these general conditions of purchase from the moment that any product offered is acquired.

This document can be printed and stored by Users.
 
The provider makes the email address info@luthiervidal.com available to them so that they can raise any questions about these conditions.
 
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the website https://luthiervidal.com of the provider.
 
The provider reserves the right to unilaterally modify these General Conditions, without this affecting the goods or promotions that were acquired 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 purchased products. Luthier Vidal is not responsible 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.
 
Luthier Vidal is not responsible for the consequences that may result from improper use of the products for 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 claim to liability against Luthier Vidal for any reason 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 type of information that may exist on the computer or network of the user accessing the website https://luthiervidal.com.
 
Luthier Vidal is a company specialized in the distance sale of string instrument products and accessories. Luthier Vidal sells its products remotely over the Internet via its website and/or by telephone. The provider has a physical store at C/ Girona 124 08009 Barcelona for the sale of its products.

2. PURPOSE OF THE CONTRACT:

2.1 Scope of application: The purpose of this contract is to regulate the contractual relationship of sale and purchase that arises between the provider and the user at the time when the latter accepts these purchase conditions during the online contracting process by checking the corresponding box. These GTC will apply from the day the order is placed.
 
The contractual relationship of sale and purchase entails the delivery, in exchange for a certain price and publicly displayed through the website, of a specific product.
 
2.2 Territory of application: The virtual store of https://luthiervidal.com is active for all 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 https://luthiervidal.com website is done by email and also implies automatic acceptance of the GTC. These conditions are available on the https://luthiervidal.com website or, if you wish and request, we can make them available to you by email.
 
2.5. Modification of the General Terms and Conditions of Contract: Luthier Vidal reserves the right to make changes and/or modifications to these GTC. We advise our customers to review them regularly. In the event that these changes or modifications are introduced after an order has been placed, the conditions in force on the date on which said order was placed will 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.com are constantly being renewed and updated in order to offer our customers the most complete and detailed information possible. All contractual information contained in https://luthiervidal.com is displayed in Spanish (Castilian) and communication with customers and users, as well as the formalization of the contract, will be carried out in this language. However, if the customer so wishes, it can be done in Catalan or English, always indicating this before starting the contracting procedure.
 
3.3 Availability of product(s): There may be occasions when it is impossible to supply all 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) of the shipment of a particular product that does not comply with the quality requirements imposed on all products of https://luthiervidal.com. 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 said product will be refunded.
 
3.5 Orders 24 hours a day, every day of the year : The order reception hours are twenty-four (24) hours, three hundred and sixty-five (365) days a year, although orders placed after thirteen (13:00) hours will not be processed, remaining for the following business day in Barcelona. Orders received on Fridays will be processed to arrive on Tuesdays. After that time, they will be processed on Mondays and delivered the following business day, in the peninsula and as stipulated in the corresponding section for orders from outside the peninsula.
Holiday periods (such as Easter, August or local, regional or national holidays) are excepted.

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. PURCHASE PROCEDURE

In order to access the products offered by the provider, the user must register through the website by creating a user account. To do so, the user must freely and voluntarily provide the personal data that will be required.
 
The user will select a username and password, agreeing to use them diligently and not make them available to third parties, as well as to notify the provider of their loss or theft or of possible access by an unauthorized third party, so that the latter can proceed to immediately block them.
 
The user may not choose as a username words that are intended to confuse others by identifying him or her as a member of the provider, as well as foul, insulting expressions and, in general, those contrary to the law or the requirements of morality and good customs.
 
Once the user account has been created, please be advised that in accordance with the requirements of art. 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow the following steps:

  1. Choose the product by clicking on it, and it will automatically be added to the “shopping cart”.
  2. If you wish to add more products, you must select the “Continue shopping” option. If you have accidentally added something you did not want, you must click on the option to remove it from the shopping cart.
  3. Once you have chosen the product(s), you must click on the finalize tab to place the order. By clicking on this option, the purchase confirmation 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 must complete a data collection form (in which you must accept the Privacy Policy). Once this has been completed, you will receive an email confirming your registration at the indicated email address.
    2. If you are already registered and are already a customer: you can access your data by clicking on the already registered user button, inserting your username and password

The spam and junk mail controls in your email inbox must be checked and always verify that the contact details that you provide are correct.

  1. Once registered, a comments screen will appear, where you can indicate the delivery time; a checkbox that you must check since it is the acceptance of these General Contracting Clauses and the Privacy Policy
  2. To complete the process, you must click on the "confirm order" button.

 
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 purchased product.
 
If there is any type of error in the indicated address or in any other point of the order, you must immediately notify the email address that will appear on the website to proceed with the correction of this error.
 
If you have any questions, you can contact our Customer Service through any of the methods provided on the website https://luthiervidal.com.
 
Luthier Vidalwill provide Customer Service FREE OF CHARGE through our contact email info@luthiervidal.com. If you choose another alternative means of communication, the user will be responsible for the particular cost thereof.
 
Luthier Vidalmakes telephones available to you in Spain subject to the cost of your telephone operator.
 
 

5. SHIPPING

5.1 Shipping Company: will be carried out through the Companies:
- Correos Express, on the customer service phone number, which is 913277020.
- Mail Boxes, on the customer service phone number, which is 932656929.
 
5.2 Shipping costs: The costs of standard shipping will be applied as follows:

Once all items have been added to the basket, you can check the shipping costs of the order, which will be automatically generated based 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 range, so in many cases they are the same, or increase very little, for a single item as for several.

There is free shipping for purchases over €199 for shipments to mainland Spain, the Balearic Islands and Portugal, and for purchases over €299* to AT, BE, DE, FR, GB, IT, LU, NL.⁠⁠.

*(except for shipments with a volumetric weight greater than 40kg).

Express delivery to the mainland Spain within 24h - 48h on working days. Orders processed after 4pm will be processed on the next working day. To avoid storage, instruments are not sent on Fridays or on the eve of public holidays. Prices may vary depending on the weight and size of the package. Free shipping is available for purchases over €199 for shipments to mainland Spain and the Balearic Islands.

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

Delivery to the rest of the world in 2-15 business days. Orders processed after 4pm will be processed on the next business day. To avoid storage, instruments are not shipped on Fridays or on the eve of holidays. Prices may vary depending on the weight and size of the package.

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

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

5.3 Shipping address: Orders will be delivered in two possible ways:
a. At the delivery address freely designated by the user. Thus, the provider assumes no responsibility 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 recipient.
b. At the registered office at C/ Girona 124 08009 Barcelona.
 
When the purchase is made, the shipping and/or collection location is chosen.
 
The delivery time of the order will be during normal business hours.
 
Notwithstanding the foregoing, the provider has taken the measures required of a diligent merchant to ensure that delivery can be made within the agreed time, and therefore no liability can be held against the provider.
 
Shipments are only made to destinations indicated in section 5.2 of these conditions.
 
Luthier Vidal will use all means at its disposal to ensure that your order is delivered within the time frame indicated 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, the Balearic Islands and the Canary Islands, between 2-10 in Europe and between 2-15 to the rest of the countries detailed in the international shipping (section 5.2.), depending on the product, the destination population 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 not available at the time of purchase, our Customer Service will be able to provide you with availability information.
 
If you have ordered several products in the same order, please note that they may have different availability dates, in which case you could receive them on different dates. Please note that if any of the items are not available at the time of shipment, you have the right to cancel your order at any time before shipment by contacting our Customer Service at the following email address: info@luthiervidal.com and indicating your order number.

5.5 Shipping confirmation: Upon delivery of your order to our carrier, we will send you a shipping confirmation to the email address you provided when placing your order. In the shipping confirmation, we will provide you with the relevant tracking number so that you can track your order on our carrier's website.

5.6 Delivery damage: Products are shipped in secure packaging. If at the time of delivery it is visibly and clearly evident, without having to handle the shipping packaging or the product itself, that a product has defects caused by damage during transport or, in the same way, an error is evident in the merchandise received, the customer must immediately contact our Customer Service line +34 93 459 42 42 or by email info@luthiervidal.com, in order to request the return of the affected product or products and proceed to replace them with another in optimal condition or, refund the price paid for it, as indicated in said email.
 
Likewise, if damage is detected in the product once the package has been opened with the packaging 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 VALIDITY PERIODS OF OFFERS:

All prices displayed in the https://luthiervidal.com store include the VAT in force at the time of purchase. All prices listed on the website are valid and will be expressed in Euro (€). These costs, unless expressly indicated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and accessories to the product or service purchased.
 
VALUE ADDED TAX: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the products will 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 the one 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 by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories.
If the Customer lives outside the European Union, the prices do not include VAT. The Customer may be subject to different taxes and customs duties depending on their content, value and other factors contemplated in the regulations of their country. These amounts must be paid by the customer in order to receive the purchased package.
The user will receive the invoice for the order to the email 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 limited-duration promotions, the promotional discount will be applied as long as the order has been registered during the promotional period.

The delivery method is detailed in section 5 of these general 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 said order is subject to a promotion.
 
For any information about the order, the User may contact the provider's customer service phone number or via email at the address provided.

7. PAYMENT METHODS:

Below we detail the available systems:
 
7.1 Payment by credit card, debit card or BIZUM: The user must have a valid credit or debit card, where they must specify all the digits of the card number in the corresponding form. The operation is formalized at the time of placing the order. Only payments with secure cards are accepted in which your identity as the cardholder is authenticated according to 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 authorized by your bank or savings bank.
 
The so-called SSL (Secure Sockets Layer) system is used, a payment system in a secure environment since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
 
7.2 Payment by bank transfer or deposit:When the order is completed, the user will receive instructions with the account number to pay for the order. It is essential that the assigned order number and the name of the user are clearly indicated in the transfer order. In order to confirm the order, it will be necessary to make the order within a period of 7 days, otherwise it will be cancelled in our system.
 
7.3PayPal: 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 completed and an email will be sent with a summary of your purchase. By clicking the "Return to website" button, you will return to the website to view the order and be able to print it.
 
PayPal automatically encrypts confidential data using the most advanced technologies available on the market. PayPal has its own privacy policies and Luthier Vidal has no responsibility for them.
7.4 Cash on delivery:The cash on delivery payment method is upon delivery of the order. When the transport company delivers the package, you must have the amount of the aforementioned order ready to make the payment. If not, the recipient must go to the Company to pick up their order, as well as after 2 absences 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 will redirect you to the form on the “Aplazame” company website, which allows you to make the purchase and request the splitting into instalments. Once you have selected the number of installments, you must fill out a form with your personal information and accept the privacy policy and conditions of “Aplazame”. If your application is approved by this entity, you must enter your credit card details and the first charge will be made automatically at that time. You can pay off your outstanding payments and finalize the financing at any time. If you advance all the installments, the total interest to be paid decreases, paying only the interest in relation to the time you have had the financing. This entire procedure is indicated in the contracting conditions of this entity.
 
7.6 Scalapay: By purchasing with Scalapay you will receive your order immediately and you will pay in the number of installments you have established. You accept that the terms are transferred to Retail Installments SPV 1 Limited, to the related parties and their assignees, and you authorize said transfer.

8. RIGHT OF WITHDRAWAL:

8.1 Right of withdrawal: The user has the right to exercise the right of withdrawal, and to do so has a period of 14 calendar days from receipt of the product, without penalty for its exercise; the consumer must be reimbursed for the amount of the product 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 will be borne by the user-consumer. The exercise of the right of withdrawal is not subject to any formality. The consumer will only be liable for any decrease in the value of the goods resulting from handling them other than that necessary according to their nature, characteristics or operation, without this limiting their right to exercise this right. You must send an email with your order number (to obtain a refund of the amount of the product(s) within a maximum period of fourteen (14) calendar days following receipt of the order) along with your contact details. You can send it to us by email 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 signs of wear of any kind, and that does not denote improper use of the good or different from its own nature to the address that we have provided.
 
It is recommended that it be returned in its original packaging. If this is not possible, the product may suffer a depreciation in value. The customer will be responsible for the packaging and protection of the product(s) they send, as well as the costs derived from the shipment.
 
As long as the products are returned within 14 calendar days, without damage or signs of wear of any kind and in compliance with the requirements established in this section, we will refund the full amount of the purchase.
8.2 Return due to an error in the order by Luthier Vidal: When the product does not correspond to the order, due to an error attributable to the company, the user must notify the company by email as soon as possible; Luthier Vidal will bear the costs of collecting the product sent by mistake and delivering the one corresponding to the order placed.
 
8.3 Checking Returns: Verification and checking of the products to be returned will be the responsibility of Luthier Vidal who, once at their facilities, will verify that they have been received in compliance with all the requirements established in section 9.1. If any of the elements are missing, we will notify you in writing via email indicating the missing content.

9. REFUNDS:

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

10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:

10.1 Warranty:All products offered through the website are completely original, unless otherwise indicated in their description.
 
Satisfaction guarantee: If at the time of receiving the product and before exercising the right of withdrawal, the user is not satisfied with the purchase, he/she may choose any of these 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 is higher than the voucher, the user must pay the difference),
2. exchange the item for another, if the price of the product is higher than the exchanged product, the user must pay the difference.
 
10.2 Guarantee in case of defective product: In the case of a defective product, Luthier Vidal must proceed with the repair, replacement, price reduction or termination of the contract (as appropriate), procedures that will be free of charge for the user. Luthier Vidal is liable for any lack of conformity that becomes apparent within a period of 3 years from 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 the resolution of online conflicts between the USER and the PROVIDER, without having to resort to the courts, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately 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 or interpreted 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 subject to these Conditions to the Courts and Tribunals of the provider's domicile (if not considered a consumer for the purposes of the TRLGDCU) or of the user (if considered 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 regulations:

15. COMMENTS AND SUGGESTIONS:

Your comments and suggestions are welcome. Please send us your comments and suggestions using our contact form.
 In addition, we have official complaint forms available to consumers and users. You can request them by calling the Customer Service telephone number +34 93 459 42 42 or through our contact form.