General terms and conditions of contracting

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

(hereinafter also the General Conditions or GTC):
 
On one hand, the supplier of the products, XAVIER VIDAL I ROCA, S.L., whose trade name is Luthier Vidal (hereinafter also the provider), with registered office at C/ Girona 124 08009 Barcelona, CIF: B62017330, customer service phone +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 with a username and password, for which they have full responsibility for use and custody, being responsible for the truthfulness 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 stated here.
  2. Is of legal age and has sufficient capacity to contract.
  3. Assumes all the obligations set forth herein.
  4. Has read and accepts these general conditions of purchase from the moment they acquire any offered product.

This document can be printed and stored by the Users.
 
The provider makes available the e-mail address info@luthiervidal.com for any questions regarding these conditions.
 
These conditions will have an indefinite period of validity and will 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 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 backup failure by the User of 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 supplied products is limited to their amount, the user waives any claim for 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 information that may exist on the user's computer or network accessing the website https://luthiervidal.com.
 
Luthier Vidal is a company specialized in the remote sale of string instruments and accessories. Luthier Vidal sells its products remotely via the Internet through its website and/or by phone. The provider has a physical store at C/ Girona 124 08009 Barcelona for the sale of its products.

2. OBJECT OF THE CONTRACT:

2.1 Scope of application: The purpose of this contract is to regulate the contractual purchase-sale relationship that arises between the provider and the user at the moment the user 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 purchase-sale relationship involves the delivery, in exchange for a specific price 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/worldwide.
 
2.3 Capacity to contract: 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 done by email and also implies the automatic acceptance of the GTC. These conditions are available on the website https://luthiervidal.com or, if you wish and request, we can make them available to you by email.
 
2.5. Modification of the General Contracting Conditions: 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 effect on the date the order was made 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.comare constantly being renewed and updated to offer our customers the most complete and detailed information possible. All contractual information present on 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, although, if the customer wishes, it can be done in Catalan or English, provided it is indicated before starting the contracting procedure. 
 
3.3 Product availability: 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 specific product that does not meet the quality requirements imposed on all products of https://luthiervidal.com. In the event that this lack of quality is detected, the Customer Service of Luthier Vidal 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 24h, every day of the year : The order reception schedule is twenty-four (24) hours, three hundred sixty-five (365) days a year, although orders placed after one (1:00 PM) will not be processed, remaining for the next 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 next business day, on the peninsula and as stipulated in the corresponding section for orders outside the peninsula.
Periods of vacation (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

To access the products offered by the provider, the user must register through the website by creating a user account. For this, the user must freely and voluntarily provide the personal data that will be required.
 
The user will select a username and password, committing to use them diligently, and not make them available to third parties, as well as to communicate to the provider the loss or theft of them or possible access by an unauthorized third party, so that the provider can proceed to immediate blocking.
 
The user may not choose as a username words that are intended to confuse others by identifying them as a member of the provider, as well as offensive, injurious expressions and, in general, contrary to the law or the requirements of morality and good customs.
 
Once the user account has been created, it is informed 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 be automatically added to the "shopping cart".
  2. If you want to add more products, you must select the "Continue shopping" option. If you have mistakenly added one you did not want, you must click on the option to remove it from the shopping cart.
  3. Once the product(s) have been chosen, you must click on the finish tab to place the order. By clicking on this option, the purchase confirmation will appear (summary of the order made, your data, and chosen payment method).
  4. User credentials will be requested in three ways:

    1. user registration: if you are not previously registered, to make the purchase (this registration is free), you must complete a data collection form (in which you will have to accept the Privacy Policy. Once completed, you will receive a registration confirmation email 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, entering your username and password

You must check the spam and junk mail controls of your email inbox and always verify that the contact details you provide are correct.

  1. Once registered, an observation screen will appear, where you can indicate the delivery schedule; 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, transport methods, contracting date, and delivery times of the purchased product.
 
If there is any type of error in the indicated address or at any other point of the order, you must notify it immediately to 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 Vidal will provide Customer Service FREE of charge through our contact email info@luthiervidal.com, if you choose another alternative communication method, the user must bear the particular cost of it.
 
Luthier Vidal provides you with phones in Spain subject to the cost of your telephone operator.
 
 

5. SHIPPING

5.1 Transport Company: will be carried out through the Companies:
- Nacex, at the customer service phone number, which is 900100000.
- Mail Boxes, at the customer service phone number, which is 932656929.
 
5.2 Shipping Costs: Standard shipping costs will be applied as follows:

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

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 Luxembourg.⁠

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

Express peninsular delivery in 24h - 72h business days. Orders processed after 3pm will be handled 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. Free shipping 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 handled 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. 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 handled 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 duties and transport fees. These charges will be borne by the customer.
To know what cost will apply to your order, we recommend contacting your country's customs office to find out the charges that apply there.     

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

5.3 Shipping Address: Order delivery will be carried out in two possible ways:
a. At the delivery address freely designated by the user. In this way, 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 place of delivery and/or pickup is chosen.
 
The order delivery time will be during regular working hours,
 
Notwithstanding the above, the provider has taken the measures required of a diligent merchant to ensure that delivery can be made within the agreed time, so no responsibility can be attributed to the provider.
 
Shipments are only made to destinations indicated in section 5.2 of these conditions.
 
Luthier Vidal will make every effort to ensure that your order is delivered within the period stated on our website at the date of order confirmation.
 
5.4 Delivery Times:The delivery time is usually between 1-5 days for mainland Spain, Ceuta, Melilla, Balearic Islands, and Canary Islands, between 2-10 in Europe, and between 2-15 to the rest of the countries detailed in international shipping (section 5.2.), depending on the product, according to 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 can provide you with availability information.
 
If you have requested several products in the same order, please note that they may have different availability dates, in which case you might receive them on different dates. Please note that, in the absence of availability of any of the references at the time of shipment, you have the right to cancel the order at any time before the shipment by contacting our Customer Service through the following email address: info@luthiervidal.com indicating the order number.
 
5.5 Shipping Confirmation:At the time of delivery of the order to our carrier, we will send you a shipping confirmation to the email address you provided when placing the order. In the shipping confirmation, we will indicate the corresponding tracking number so you can track it through our carrier's website.
 
5.6 Damage on Delivery:Products are shipped in secure packaging. If at the time of delivery it is visibly and clearly apparent, without the need to handle the shipping or product packaging, that a product has defects caused by damage during transport or if an error in the received merchandise is apparent in the same way, the customer must immediately contact our Customer Service line +34 93 459 42 42 or at the email info@luthiervidal.com, to request the return of the affected product or products and proceed with their replacement with another in optimal conditions or, alternatively, refund the price paid for it, as indicated in said email.
 
Likewise, if damage to the product is detected once the package is opened while the packaging is in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months from when they became aware of it on our Customer Service line +34 93 459 42 42 or at the email info@luthiervidal.com.  

6. PRICES AND VALIDITY PERIODS OF OFFERS:

All prices displayed in the store https://luthiervidal.com include the VAT in force at the time of purchase. All prices listed on the website are valid and will be expressed in the Euro (€) currency. These costs, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance, or any other additional services related to the purchased product or service.
 
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 products will be understood to be located in the territory of application of the 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 item 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 according to 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 contemplated in the regulations of their country. These amounts must be paid by the customer to receive the purchased package.   
The user will receive the order invoice at the email address provided by the user once the purchase is 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 thereof.
 
In cases of limited-time promotions, the promotion discount 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 conditions.
 
The data recorded by the different payment methods constitute proof of the date on which the financial transactions were made and will serve to determine whether or not said order is subject to promotion.
 
For any information about the order, the User may contact through the provider's customer service phone or via email to the provided address.

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 all the digits of the card number must be specified in the corresponding form. The operation is formalized at the time of placing the order. Only payments with secure cards are accepted, where authentication of your identity as the cardholder is carried out according to the method established by your bank, through secure electronic commerce ("Verified by Visa" and "MasterCard SecureCode"). The order cannot be considered and will not be processed until the payment has been authorized by your bank or savings bank.
 
The system called SSL (Secure Sockets Layer) is used, a payment system in a secure environment as it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
 
7.2 Payment by transfer or account deposit: At the time of completing the order, the user will receive instructions with the account number to pay for the order. It is essential to clearly indicate the assigned order number and the user's name in the transfer order. To confirm the order, it will be necessary to make it within 7 days, otherwise, it will be canceled 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 is made correctly, your order will be completed, and an email with the summary of your purchase will be sent. By clicking the "Return to website" button, you will return to the website to view the order and 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 prepared for the mentioned order to make the payment, if not, the recipient must go to pick up their order at the Company, as well as after 2 absences at the delivery address. The delivery of orders will only be made to the address provided by the customer when placing the order.
 
7.5 Aplazame: by selecting this option, you are redirected to the form on the “Aplazame” website, which allows you to make the purchase and request installment payments. Once the number of installments is selected, you must fill out a form with your personal data and accept the privacy policy and conditions of “Aplazame”. If your request is approved by this entity, you must enter the credit card details, and the first charge will be made automatically at that time. At any time, you can pay off your pending payments and finalize the financing. If you advance all the installments, the total interest to be paid decreases, paying only the interest related to the time you had the financing. This entire procedure is indicated in the entity's own contracting conditions.  

8. RIGHT OF WITHDRAWAL:

8.1 Right of withdrawal: The user has the right to exercise the right of withdrawal, and for this, they have a period of 14 calendar days from the receipt of the product, without penalty for its exercise; the refund to the consumer of the product amount must be made within 14 days following the exercise of the right of withdrawal by the user/consumer. Regarding 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 responsible for the decrease in value of the goods resulting from handling them differently than necessary according to their nature, characteristics, or functioning, without limiting their right to exercise it. They must send an email with their order number (to obtain the refund of the product(s) amount within the maximum period of fourteen (14) calendar days following the receipt of the order) along with their contact details. You can send it to us via email info@luthiervidal.com or by postal mail (by any means admitted by law), always within 14 calendar days of receiving the order. After this period, you can only request the return or exchange of the product(s) for technical reasons subject to the warranty 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 we have provided.

It is recommended to return it in its original packaging; if this 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) they send as well as the costs derived from the shipment.

As long as the products are returned within the period of 14 calendar days, without damage or signs of wear and complying with the requirements established in this section, we will refund the total purchase amount.
8.2 Return due to 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 communicate it by email to the company 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 Verification of Returns: The verification and checking of the products subject to return will be carried out by Luthier Vidal which, once in its facilities, will verify that they are received complying with all the requirements established in section 9.1. In case any elements are missing, we would inform you in writing via email indicating the missing content.

9. REFUNDS:

When the return occurs (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 period for making the refund will be 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 convinced by the purchase, they can opt for any of these options:
1. exchange the product for a voucher of the same value as the purchased and returned product, to exchange it for another of the same value (if the product price is higher than the voucher, the user must pay the difference),
2. Change the item for another, if the product price is higher than the changed product, the user must pay the difference.

10.2 Warranty in case of defective product: In case of a defective product, Luthier Vidal must proceed to repair, replace, reduce the price, or terminate the contract (as appropriate), actions that will be free for the user. Luthier Vidal is responsible for non-conformities that manifest within a period of 3 years from delivery; the consumer-user must inform Luthier Vidal of the non-conformity within two months of becoming aware of it.

12. DISCLAIMER CLAUSE ON IMAGES AND DESCRIPTIONS

The images of the products shown on this website are indicative and may not exactly match the final product received, due to manufacturing variations, supplier adjustments, or differences in screen display.

Likewise, although efforts are made to ensure that the descriptions, technical specifications, and characteristics of the products are as accurate as possible, there may be typographical errors, omissions, or non-substantial variations.

In no case will these differences give the right to a claim, unless they significantly affect the functionality or essential characteristics of the product.

The company reserves the right to correct such errors at any time, as well as to update the information without prior notice.

13. 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 the need to resort to the courts, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between both. This body is neutral and will dialogue with both parties 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/.

14. APPLICABLE LAW AND JURISDICTION:

These conditions will be governed or interpreted in accordance with Spanish legislation in matters 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 as a consumer for the purposes of the TRLGDCU) or of the user (if considered as a consumer for the purposes of the TRLGDCU).

15. 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 (E-commerce Directive).

Spanish regulations:

16. COMMENTS AND SUGGESTIONS:

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