GENERAL CONTRACTING CONDITIONS
1. PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:
On the one hand, the provider of the products, LLEVINAC SL (hereinafter also the “Provider”), with registered office at C/ Consell de cent 201, baixos, 08011 Barcelona, (Barcelona), N.I.F. B64412406, Customer Service phone number 931701767, and e-mail: firstname.lastname@example.org, being the owner of the website www.canivell.com, exposes the contractual document that will govern the contracting of products through the website reviewed.
And on the other hand, the “User – Client” (hereinafter the User), who is registered on the website by means of both a username and password, with full responsibility for their use and custody, being accountable for the veracity of the personal data submitted to the provider.
The Parties BOTH ACCEPT this document, with the following implications whereas the user:
a. Has read, understood and agreed with this text.
b. Declares being a person of legal age and with sufficient capacity to enter into agreements and be bound to the conditions herein inserted.
c. To assume all the obligations set forth herein.
d. You have read and accepted these general purchasing conditions from the moment you purchase any of the products that are offered.
The present conditions will have an indefinite period of validity and will be applicable to all the agreements made through the website of the Provider. The Provider, with the objective of improving the products offered, reserves the right to unilaterally modify these General Contracting Conditions, without it affecting the goods or special offers that were acquired prior to the modification. In any case, these general conditions must be reviewed prior to purchasing the products.
LLEVINAC SL is not responsible for any loss of data, files, or any damage that may result from the User’s failure to backup the data included in the purchased products, such as memory cards.
LEVINAC SL is not responsible for any and all consequences that may result from improper use of the products that are sold on the web.
The civil liability of LLEVINAC SL for the products supplied is limited to the amount of the same, and at the same time, the User waives to claim any liability to the Provider for any case related to the dissatisfaction of the products purchased on the website www.canivell.com, as well as any possible failures, slow access, or errors in accessing the web, which may include the loss of data or other information that may exist in the computer or network of the User accessing the web.
LLEVINAC SL is a company specialized in the remote sale of guitars and guitar accessories
LLEVINAC SL sells its products over the Internet through its website and. LLEVINAC SL has the physical store in Barcelona, c/ consell de Cent 201, for the sale of products.
2. OBJECT OF THE AGREEMENT:
2.1 Scope of application: The purpose of this agreement is to regulate the contractual purchase-sale relationship between the Provider and the User, which begins at the moment the User accepts by checking the corresponding box during the online contracting process, implying their acknowledgement and agreement to these purchasing conditions. These GCC will apply from the day the order is placed.
The contractual purchase-sale relationship includes the delivery of a specific product, in exchange for a specific price that is publicly exposed through the website.
2.2 Territory of application: The virtual store of www.canivell.com is active Worldwide.
2.3 Legal capacity: To be able to place an order, you must be of legal age and have the required legal capacity to contract the services outlined in the Website.
2.4 Consent of the Client: The validation of an order through the web www.canivell.com is executed by email, which also implies the automatic acceptance of the GCC
2.5. Modification of the General Contracting Conditions: LLEVINAC SL reserves the right to make changes and / or modifications to these GCCIn the event that these changes or modifications were introduced after an order was placed, the conditions that will apply will be those of the date on which the order was placed.
3. INFORMATION PROVIDED ON THE WEB www.canivell.com:
3.1 Availability of the product(s): There may be occasions when it could be impossible to supply all the products, which could be because they are either not in stock or available at the time of purchase. In these cases, we will contact you to give you a choice between the following options:
a) choice of an alternative product, with similar characteristics of the product to be replaced;
b) In case you prefer to wait for the product to be available in the store again, we may communicate with you once the product is available.
If you decline to any of the above-indicated options, the order related to these products will be canceled and any amount paid for them will be reimbursed.
3.2 Right of Cancellation: LLEVINAC SL reserves the right for this action (right of cancellation), which is an action consisting in not sending a specific product that does not meet the quality requirements imposed on all products of www.canivell.com. In the event that this lack of quality is detected, the Customer Service of LLEVINAC SL will suggest a replacement product and, if the replacement product is not of the client’s liking, the cost of said product will be reimbursed.
3.5 Orders 24 hours a day: The available admission hours for orders is 48-72 hours, three hundred and sixty-five (365) days of the year, although orders placed after Seven PM/Nineteen PM (7:00 PM/ 19:00 PM) will not be processed that same day. Orders which have been received after the stated hours will be next processed on the following business day in Barcelona. Orders received during the weekend will be processed early on the following Monday, or on the next business day.
3.6 Fraud: If any anomaly or fraud is suspected and detected,LLEVINAC SL 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 requested.
The user will select a username and a password, committing themselves to make diligent use of these and to not disclose them to third parties, as well as to notify the provider about any loss or theft of the same or possible access by an unauthorised third party, in such a way that the provider will proceed to immediate blocking.
The user cannot choose a username that includes words whose purpose is to confuse others by identifying themselves as representing the provider; expressions that are abusive or insulting; and, in general, expressions that are unlawful or that contravene the demands of morality and good manners.
Once the user account has been created, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will proceed using the following steps:
- Choose the product by clicking on it. It will be automatically added to the “shopping cart”.
- If you wish to add more products, you must select the option, “Continue Shopping”. If you have mistakenly added something you do not want, you must click on the option to remove it from the shopping cart.
- Once you have chosen the product(s), you must click on the finalise tab to place your order. By clicking this option, the purchase confirmation will appear (summary of the order placed, your details, and the chosen payment method).
- The user’s credentials will be requested in two ways:
- If you have already registered and are already a customer: you can access your data by clicking on the “already registered” button then enter your username and password.
You should review the spam and junk mail controls in your email inbox and always verify that the contact information you have provided is correct.
- To finish the process, you must click on the finalise button.
In any case, once the contracting procedure has been completed, the provider’s contracting platform will inform the user by email of all the characteristics, price, transport methods, contracting date, and delivery times for the purchased product(s).
If there is any type of error in the address given or in any other aspect of the order, you must notify us of this immediately using the email address that will appear on the website in order to rectify the error.
If you have any questions, you may contact our customer service department using any of the methods provided on the website, www.canivell.com.
LLEVINAC SL will provide customer service for FREE through our contact email, email@example.com, If you choose an alternative means of communication, you will be responsible for its cost.
Shipments will be made through the Company MBE MAILBOXES ETC The shipping costs will be applied in the following manner:
The delivery time is usually between Monday-friday working days, depending on the population of the destination and the chosen payment method. There is no delivery service on Saturdays, Sundays and public holidays. This term is understood as long as the availability of the products has been confirmed and the full payment of the order has been verified.
If the data provided by the User is either false, inaccurate, or incomplete, the Provider will not assume any responsibility in the event the delivery of the product or service is not completed.
The delivery will be considered completed once the carrier has made the products available to the User and the latter, or the delegate of the latter, has signed the delivery receipt.
The User is responsible of verifying the product(s) upon receipt and manifesting all the reservations and claims that may be justified in the delivery receipt.
6. PRICES AND OFFER VALIDITY PERIODS:
All prices displayed in the www.canivell.com store include the VAT in force at the time of purchase. All the prices that appear on the website, they will be expressed in Euro currency (€) or USD currency (USD). Said expenses, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and attachments to the product or service purchased. For orders destined to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT, in compliance of the provisions set forth in Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories.) Recipients from countries outside the EU will be responsible of the duty fees of their country. To receive the purchased item the addressee may be asked to pay taxes, duty and fees according to the country laws.
The payment made to the Provider will entail the issuance of an invoice in the name of the registered User. as well as a copy that is included in the delivery of the purchased product in printed form.
The prices that applicable to each product will be those published on the website, and they are automatically applied by the contracting process in its last phase. For the promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered and concluded during the established promotion period.
The data recorded by the different payment methods constitute a proof of the date on which the financial transactions were carried out and will serve to determine if said order is or is not subject to promotion.
7. PAYMENT METHODS:
Below we detail the available payment systems: Redsys and Pay Pal.
PayPal or other platform: Once the purchase is completed, if you choose this form of payment, 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 formally completed and an email with the summary of your purchase will be sent to you. By pressing the “Back to the Web” button, you will return to the website where you will be able to see the order and print it. PayPal has its own privacy policies and LLEVINAC SL does not assume any responsibility for them.
8. DELIVERY OF ORDERS:
8.1 Delivery Address: The delivery of orders will be made at the delivery address freely designated by the User. In this way, the Provider does not assume any responsibility in those cases where the delivery of the product does not occur if the User has provided data that is false, inaccurate, or incomplete. The same happens in those cases where the delivery can not be completed for reasons beyond control of the shipping company assigned for that purpose, such as the absence of the recipient.
The delivery time of the order will be during regular business hours.
Notwithstanding the foregoing, the Provider has adopted the measures required of a diligent merchant so that the delivery can be made within the agreed time period, so no liability can be attributed against the Provider.
Shipments are made Worldwide.
8.2 Delivery time: These terms correspond to those established in the file of each product. In case the products not available at the time of purchase, our Customer Service Department can provide you with availability information and a delivery deadline.
8.3 Damage during delivery: Products are shipped in secure packaging. If at the moment of delivery, it is clearly and visibly apparent, without the need to manipulate the shipping container or the product itself, that a product has defects caused by damage during transport or that there is an error in the goods received, the customer must immediately contact our customer service department at 934872046 or by email at firstname.lastname@example.org to be able to request the return of the product or products affected and proceed to replace them with others in optimum conditions or refund the price paid for them, as indicated in said email.
Similarly, if damage to the product is detected after 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 being aware of it by contacting our customer service department at 934872046 or by email at email@example.com.
9. RIGHT OF WITHDRAWAL:
9.1 Right of withdrawal: The user has the right to exercise the right of withdrawal and to do so has a period of 30 calendar days from receipt of the product to exercise it, without penalty. The consumer must be reimbursed the full amount of the purchase, that is the price of the product plus shipping costs, within 30 days of exercising their right of withdrawal. Regarding the shipping costs for the return of the products, these will be paid by LLEVINAC SL. If the same end-user repeatedly uses this option, LLEVINAC SL reserves the right to cancel this condition, which will result in the returns fee to be paid by the end-customer. The exercise of the right of withdrawal is not subject to any formality. The consumer shall only be liable for any decreased value of the goods resulting from the handling of these other than as necessary because of their nature, characteristics, or functioning, without this right being limited. To exercise the right of withdrawal, fill out the Withdrawal form with your order number (to be reimbursed for the price of the product(s) within a maximum of thirty (30) calendar days following the receipt of the order) together with your contact details. You can send it to us by email, firstname.lastname@example.org or by postal mail (by any legally accepted means), always within 30 calendar days of receiving the order. Once this period has elapsed, 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 of the items with which it was delivered, without any damage or wear marks of any kind, and that does not denote improper use of the product or use other than as intended, to the address that we have provided.
It is advisable to return the product in its original packaging. If this is not possible, the product could suffer a depreciation in value. The customer will be responsible for the packaging and protection of the product(s) sent as well as for any expenses derived from shipping.
Provided that the products are returned within 30 calendar days without any damage or wear marks and in compliance with the requirements established in this section, we will refund the full amount of the purchase.
9.2 Return due to error in the order on part of LLEVINAC SL: If the product does not correspond to the order due to an error attributable to the company, the user must report this by email to the company as quickly as possible. LLEVINAC SL will be responsible for the cost of collecting the product sent in error and for the delivery of the correct product corresponding to the order placed.
9.3 Checking returns: The verification and checking of the products returned will be carried out by LLEVINAC SL Once the products are at its facilities, it shall verify that they have been received in compliance with all the requirements established in Section 9.1. In the case of any missing elements, we will inform you in writing by email indicating the content that is missing.
LLEVINAC SL shall not be held liable, under any circumstances, for any product or its parts delivered to the provided address with damage, wear signs of any kind and that may denote an inadequate use of the product, or usage for a different purpose than intended.
RIGHT OF WITHDRAWAL FORM
For the attention of:
Name: LLEVINAC SL
Address: C/ Consell de cent 201, baixos, 08011 Barcelona, (Barcelona)
Data of the good / benefit to be abandoned:
Order / invoice number: ______________________________________________
Order date / invoice: ___________________________________________
Date of receipt of the product / service: ___________________________
Product / service description: __________________________________
Consumer / user data:
First name: __________________________________________
Tax Identity Code/ID: ______________________________________________
Right of withdrawal:
In accordance with article 68 of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users, as well as other complementary laws, I inform you that I am withdrawing from the contract of sale of the good /service described above, for which I would be grateful if you could contact me through the contact information provided, to notify me that this request has been completed.
Date of the request:
Signature of the consumer / user:
When the return occurs (withdrawal is exercised) the amount paid for the product plus shipping costs will be reimbursed. The return expenses will be borne by LLEVINAC SL, unless the consumer-user has repeatedly exercised return requests, in which case the consumer-user will take care of the return expenses. The deadline for returns will be a maximum of 30 calendar days, through the same means in which the purchase was made.
LLEVINAC SL declines the reimbursement of the amounts if:
– the products are used or deteriorated, or their use has exceeded their nature.
– the products are missing any element.
11. APPLICABLE GUARANTEE AND AFTER-SALES SERVICE
11.1. Guarantee: 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 may opt for either 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); or
2. Exchange the product for another (if the price of the product is higher than that of the exchanged product, the user must pay the difference).
11.2 Guarantee in case of defective products: In the event of a defective product, LLEVINAC SL must proceed to repair, replace, reduce the price, or terminate the contract (as appropriate); procedures that will be free of charge for the user. LLEVINAC SL is liable for any lack of conformity that becomes apparent within two years of delivery. The consumer-user shall inform LLEVINAC SL of the lack of conformity within two months of becoming aware of it.
11.3 lifetime warranty – The products purchased directly at our online store have lifetime warranty. This warranty won’t be valid and LLEVINAC won’t be held responsible, under any circumstances, of damaged products or with wear signs of any kind that may denote an inappropriate use of the product or the usage for a different purpose than intended. This warranty is limited to the original consumer with proof of purchase and is not transferable. If the product was not purchased new from the www.aclamguitar.com, this warranty is null and void.
12. ONLINE DISPUTE RESOLUTION
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the user and the provider, without the need to resort to the courts of law, 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 eventually suggest and/or impose a solution for the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.
13. APPLICABLE LAW AND JURISDICTION
These conditions will be governed by or interpreted in accordance with Spanish law unless expressly established otherwise. The provider and the user agree to submit any dispute that may arise from the provision of the products or services subject to these General Terms and Conditions to the courts and tribunals of the provider’s registered office (if not considered a consumer for the purposes of the Consolidated Text of the General Law on the Defence of Consumers and Users (TRLGDCU)) or of the user (if considered a consumer for the purposes of the TRLGDCU).
14. APPLICABLE LEGISLATION:
These General Terms and Conditions are subject to the provisions of:
European regulations governing e-commerce:
- Directive 97/7/EC Distance Selling Directive
- Directive 2000/31/EC Directive on electronic commerce
- Law 3/2014 of 27 March, amending the consolidated text of the General Law for the Defence of Consumers and Users
- Law 7/1998 of 13 April, on General Terms and Conditions of Business and subsequent amendments
- Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data
- Organic Law 3/2018 of 5 December on Data Protection and the Guarantee of Digital Rights
- Law 7/1996 of 15 January on the Regulation of Retail Trade; and
- Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce and subsequent amendments.
15. COMMENTS AND SUGGESTIONS:
Your comments and suggestions are welcome. Please send us any comments and suggestions through our contact form.
In addition, we have official claim sheets available to consumers and users. You can request them by calling our customer service department at 934872046 or through our contact form.