Terms and Conditions

The company ANTONIO BERNAL GUITARRAS DE ARTESANÍA S.L. with C.I.F B91929638 with address at C / HERNANDO DEL PULGAR 20, BJ, IZQ, SEVILLA and email account info@guitarreriaalvarezybernal.com. Any purchase of a product present in the online store of the website guitarreriaalvarezybernal.com (from now on THE SELLER’S SITE) requires consultation and acceptance of these terms and conditions of sale. The purchase from this website and the fact of placing any order implies that you have read and accepted these conditions of sale. Acceptance has the value of a digital signature.

PREAMBLE

The purpose of these general conditions is to define the rights and obligations of both parties, within the framework of the online sale of products proposed by the seller to the consumer.

These CGVs apply to the purchase of goods to be delivered in Spain (hereinafter the “Products”). The confirmation of the order by the buyer implies the unreserved acceptance of these GTCS, which prevail over all previous versions or specifications emanating from the buyer, including the exchange of emails.

These GCS may be modified, so it is recommended that you read them before placing each order.

PRODUCT INFORMATION

All efforts have been made to guarantee the accuracy of the information on guitarreriaalvarezybernal.com or its suppliers.

An exact representation of the products on the Site and / or in the catalogs cannot be guaranteed due, in particular, to differences in color finishes in Internet browsing software and / or on device screens. There may be differences between the Products delivered and those represented on the Site or catalog, mainly as regards Artisan Products, whose manufacturing homogeneity cannot be guaranteed or those Products that have been subject to adaptations related to technical or technological developments.

Any orders for Products are subject to their availability, in such a way that, if there are difficulties in terms of supply or lack of stock, ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. expressly reserves the right to report any other substitute product of the same quality and value. In the event that the product replacement offer is rejected, ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. they will refund the amounts that have been paid.

PRICE

The prices of the Products appear in Euros. Taxes related to the sale of Products are included, including VAT. Unless otherwise indicated, the prices presented do not include shipping.

PAYMENT

Payment will be made in full when placing the order and only in euros, by bank card, Paypal or bank transfer.

PAYMENT WITH BANK CARD

The following credit cards are accepted: Visa and MasterCard.

As part of its action in favor of the fight against fraud on the Internet, ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. may be led to check the bank details and / or the identity of customers before any delivery. By placing your order on the guitarreriaalvarezybernal.com website, the client agrees to deliver ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. The requested data. In the absence of presentation of the information requested by ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. Within the established period, the latter reserves the right to cancel the order that caused such verification.

PAYMENT BY BANK TRANSFER

If the bank transfer is not received within three (3) days after the buyer confirms the order, the order will be considered canceled.

PLACEMENT OF ORDERS

The Client has the possibility of placing an order by phone at 630 444 905 or through the Site guitarreriaalvarezybernal.com

Any order placed on the Site does not require the creation of a Customer account. The Customer must add the selected products to their basket. The Client has the opportunity to verify the details of his order, the total price of his order and can make changes before the final validation of the order.

ORDER VALIDATION

ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L., from the validation of the payment and the confirmation of the taking into account of the order.

ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. reserves the right to refuse an order for any legitimate reason, including the existence of an unresolved dispute as a result of non-payment of a previous order.

In the absence of availability of one or more requested products, ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. undertakes to inform the Client by email as soon as possible.

ORDER CONFIRMATION AND PROOF OF PAYMENT

ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. will send by email, as soon as possible, an order confirmation with the substantial elements (order number, ordered products, place of delivery, etc.).

The records stored in THE SELLER’s company systems, in adequate security conditions, are considered as proof of communications, orders and payments between both parties.

The storage of purchase orders and invoices, made in a reliable and durable way, can be created as proof of purchase.

The Client accepts that the order confirmation is considered a proof of the contractual relationship with ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L ..

PERIOD OF VALIDITY OF OFFERS AND PRICES

Special offers, promotions or discounts will be valid until the indicated date or until the end of the indicated number of stocks. As well as the prices indicated at the time of consulting the website.

BILLING

The invoice addressed to the Customer will take the data indicated by the latter when placing the order. The buyer can modify this data each time he makes a new order from the website or in the event that he decides to open an account as a user, in his profile.

To receive an invoice you must request it by email to info@guitarreriaalvarezybernal.com

TRANSPORTATION COSTS AND DELIVERY TIMES

The delivery costs will be specified during the order, in relation to the place of delivery, the nature of the products ordered and the nature of the service that the customer chose.

The products are delivered to the address indicated by the buyer in the order form, and only to the geographic destinations specified in the delivery forms.

Important: The shipping costs both in the purchase and in the return will always be paid by the buyer.

FORMS OF DELIVERY

Store Delivery: Free store delivery is available. Eligibility is specified during cart validation. To collect the products in the store, the Customer must present an identity document equivalent to the name that appears on the order. A third party may collect an order, as long as they have a copy of the Buyer’s identity document and a power of attorney / authorization issued by the Buyer.

Delivery of products by courier in Spain: The delivery of your order will be carried out by MRW specialized in express delivery. A delivery person will appear at your address after the merchandise has been dispatched. The delivery time is 3 days. From the reception of the merchandise, you have 24 hours to claim ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. in case there is any damage. The client must take photos of the state of the box, the item and send us an email to info@guitarreriaalvarezybernal.com. Once analyzed and managed with the transport agency we will proceed to the return. It is important that the packaging is never thrown away.

Delivery of products by courier outside of Spain: The delivery of your order will be made by Mail Boxes Fedex specialized in delivery. A delivery person will appear at your address after the merchandise has been dispatched. The delivery time is 3 to 5 days depending on the country. From the reception of the merchandise you have 24 hours to claim ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. in case there is any damage. The client must take photos of the state of the box, the item and send us an email to info@guitarreriaalvarezybernal.com. Once analyzed and managed with the transport agency we will proceed to the return. It is important that the packaging is never thrown away.

ORDER NOTES

Attention: The buyer must first verify the order, in particular, in relation to the specifications of the Products in terms of size and volume, which can be transported through the access routes to the place of delivery.

RECEPTION AND COMPLAINTS

Reservations for use: Upon receiving the order, the Customer (or his representative) must check the physical condition of the packaging, the number and content of the packages at the time of withdrawal or delivery, in the presence of the person who makes delivery or store team. In order that your claim is not considered inadmissible, in case of anomaly, deficiencies, defects or other apparent vices regarding the delivery (transport failure, absence of products or packages, broken product, product not in accordance with the order, etc.) Detailed, explicit, justified and dated reservations must be indicated in writing in the carrier’s delivery note. The Client (or his representative) must sign the delivery note.

The Client (or his representative) must, in parallel, indicate these anomalies to the ANTONIO BERNAL GUITARRAS DE ARTESANIA SL Customer Service, within a maximum period of three (3) working days from the delivery date by email to The address info@guitarreriaalvarezybernal.com or by phone 630 444 905. Claims after the deadline will not be accepted and the Client will not have the possibility of appeal.

As with any shipment, it is possible to be delayed or the product may be lost. In such a case, the logistics company will be contacted to initiate an investigation.

For our part, we decline any responsibility in the delivery times caused by the logistics company, especially in case of loss of products, weather or strikes.

Product Defects: In the event of an apparent defect or non-conformity of the delivered product with the characteristics of the Product ordered as they appear in the order form, the Customer (or his representative) must indicate these defects by sending photographs within a period of three (3) days from the date of delivery to ANTONIO BERNAL GUITARRAS DE ARTESANIA SL Customer Service SL by email. The Client (or his representative) will refrain from intervening in the Product and will leave ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. SL. all the facilities to verify the defects or anomalies indicated. Otherwise, the claim will not be accepted. Claims after the deadline will not be accepted and the Client will not have the possibility to appeal. The Products are described as accurately as possible. The Client (or his representative) could not claim compensation or damages for this reason.

Likewise, the buyer must be able to provide any supporting document that is required regarding the reality of the claims filed and offer ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L., its carriers or any person delegated by them, the necessary facilities to proceed with its verification; the buyer must refrain from intervening or involving a third party for this purpose.

Accepted claims will give rise to an exchange of the defective or non-conforming Product, or to its refund in case of unavailability of the Product in the warehouse or with the suppliers. The returned Product must be delivered to the carriers in perfect condition, with its original packaging and provided with all its accessories. No spontaneous return will be accepted without the agreement of ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L ..

DELIVERY PROBLEM BY THE LOGISTICS COMPANY

The consumer must send the SELLER, on the same day of delivery or at the latest on the first business day after delivery, any type of claim due to a delivery error and / or the non-conformity of the goods in kind or in quality, with respect to the information provided in the order form.

After this period, any claim will be denied. The presentation of this claim before the SELLER may be directed to the SELLER’S ADDRESS.

The consumer must send a copy of the letter to the SELLER’S ADDRESS. Without this, no change will take place.

ERROR IN DELIVERY

The consumer must send the SELLER, on the same day of delivery or at the latest on the first business day after delivery, any type of claim due to a delivery error and / or the non-conformity of the goods in kind or in quality, with respect to the information provided in the order form.

After this period, any claim will be denied. The presentation of this claim before the SELLER may be directed to the SELLER’S ADDRESS.

Any claim made according to the aforementioned rules outside of the indicated deadlines will not be considered and THE SELLER will not be responsible with respect to consumers.

In the event of an error in delivery or an exchange, any product for exchange or refund must be returned to the SELLER with all the elements of the order and in its original packaging, in perfect condition, to the SELLER’S ADDRESS.

Shipping costs will be borne by the SELLER, unless it is shown that the product does not correspond to the original declaration made by the consumer, so that the change is made correctly.

PRODUCT WARRANTY

The provisions of these conditions cannot deprive the consumer of the legal guarantees that require the seller to guarantee any type of defect in the product sold.

The consumer is explicitly informed that the SELLER is not the manufacturer of the products presented in the establishment and that the SELLER is not responsible for defective products.

The warranty period is one year (1 year). All products repaired or modified by the customer or by any other company other than the suppliers selected by the SELLER are excluded from this guarantee.

RETRACTATION TERM

The return will only be made in the event of a manufacturing defect. In the event of a change in configuration or customization of the product, such change will be made (with shipping costs paid by the buyer) but the purchase amount will not be refunded.

Returns will be made to the SELLER’S ADDRESS – The right of return may not be exercised for: – Items returned incomplete, deteriorated, damaged or dirty, or the return price decreased. Once the package is received by our services, the refund will be made.

CAUSES OF FORCE MAJEURE

Neither Party will be responsible for the total or partial breach or for the delay in the fulfillment of its obligations, in accordance with this contract, caused by external causes, beyond its control (Force Majeure Cause).

It is considered that the Causes of Force Majeure should include, without limitation: war, riots, insurrection, severe alterations in Internet security, technical failures, unauthorized accesses and / or intrusions in the servers of the Website, strikes of all kinds and telephone or computer failures.

If any of the Parties makes mention of a Force Majeure Case, it must notify the other Party within a period of ten business days, about the event or the imminent occurrence of said Case.

The Parties agree to keep in communication in a timely manner, to jointly determine the terms and conditions to fill an order, should a Force Majeure Event occur.

After one (1) month of interruption due to a Force Majeure Event, THE SELLER may make the decision to cancel the order (s), in which case it will reimburse the Buyer, if the situation applies.

DIVISIBILITY

If one or more provisions of these General Conditions of Sale is considered or declared invalid according to the law, regulation or after an unappealable ruling issued by a Court with jurisdiction, the other provisions will retain their absolute scope and validity.

NO WAIVER

If a party does not indicate that it cannot fulfill one (s) of the obligation (s) listed in these general conditions, it is obliged to fulfill the said obligation (s).

APPLICABLE LEGISLATION

These conditions will be governed by Spanish legislation, which will be applicable to what is not provided in this contract in terms of interpretation, validity and execution.

In the event of a dispute or claim, the consumer will mainly turn to the SELLER to find an amicable solution.

In particular, Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws and the Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).

Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, also applies. to the protection of natural persons with regard to the processing of personal data and the free circulation of this data.

CONFIDENTIALITY AND DATA PROTECTION

In compliance with the provisions of European Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016; and Organic Law 3/2018 of December 5, Protection of Personal Data, the personal data provided by the Buyer will form part of the Seller’s client file, whose purposes are the maintenance of the contractual relationship, control and management of sales and their corresponding collections. The Seller will treat said data with the utmost confidentiality, and undertakes not to use them for a purpose other than that for which they have been collected, as well as to keep them with the appropriate measures that guarantee their security and avoid their alteration, loss, treatment or unauthorized access.

The Seller undertakes to keep professional secrecy regarding the aforementioned personal data, even after the contractual relationship has ended.

The Buyer authorizes the Seller to keep his data for a period of five years once the contractual provision has been fulfilled.

The Buyer has the possibility to exercise the rights of access, rectification, cancellation and opposition by directing a written communication to the attention of THE SELLER or through the website.

REGULATION OF LITIGATION

Any order placed through the SELLER’s online store is with the customer’s agreement, without limitation, to the SELLER’s conditions of sale.

These online sales conditions are subject to Spanish law.

In the event of litigation, jurisdiction is assigned to the competent courts of the SELLER’s headquarters despite the plurality of defendants or call in guarantee.

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