TERMS & CONDITIONS

I. GENERAL INFORMATION

The ownership of this website, 32guitars.com, (hereinafter, Website) is held by: 32GuitarCo., property of Marc Fernández Martinez, with NIF: 48100084T, and whose contact information is:
Address: 08032 Barcelona, ​​Barcelona, ​​Spain.
Contact email: 32guitars.luthier@gmail.com

This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (32guitars.com) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions ).

For the purposes of these Conditions, it is understood that the activity that 32GuitarCo. developed through the Website includes:

Marketing and distribution of musical instruments and components/accessories for musical instruments.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and privacy policy. data protection of 32guitars.com. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by everything mentioned above, so if you do not agree with everything Therefore, you should not use this Website.

Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them every time they access, browse and/or use the Website since those that are in force at the time the purchase of products and/or services are requested will be applicable.

For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.

II. THE USER

Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), therefore, from the moment navigation through the Website begins, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for correct use of the Website. This responsibility will extend to:

– Use this Website only to make inquiries and legally valid purchases or acquisitions.

– Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be canceled and the relevant authorities reported.

– Provide truthful and lawful contact information, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The Website is designed from the perspective of Users residing in Spain. 32GuitarCo. does not ensure that the Website complies with the laws of other countries, either totally or partially. 

III. PURCHASE OR ACQUISITION PROCESS

Users can purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of 32guitars.com, during which various products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on the button corresponding to Pay/Finish purchase.

Likewise, the User must fill out and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that 32guitars.com has received their order or purchase request and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown together with the presentation or, where appropriate, image of it on their page. of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and/ o cost of services; and acknowledges that placing the purchase or acquisition order materializes full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be archived and preserved in the computerized records of 32guitars.com in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the current laws and regulations that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, relating to the protection of persons physical with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist to Users in accordance with the privacy policy of this Website.

IV. AVAILABILITY

All purchase orders received by 32GuitarCo. through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If difficulties arise regarding the supply of products or there are no products left in stock, 32GuitarCo. undertakes to contact the User and refund any amount that may have been paid as payment. This will also be applicable in cases in which the provision of a service becomes unfeasible.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

V. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially with regard to VAT, a different issue is indicated and applied.

Shipping costs will appear reflected in the final prices of the products as shown at checkout. Thus, 32guitars.com provides delivery and/or shipping services through: Packlink.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted payment methods will be: Credit or debit card

Credit cards will be subject to verification and authorization by the issuing bank, if said entity does not authorize the payment, 32GuitarCo. will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once 32guitars.com receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the shipping confirmation and/or confirmation of the service provided is sent to the User in the established manner and, where applicable, place.

In any case, by clicking Pay/Finish purchase the User confirms that the payment method used is theirs.

VI. DELIVERY

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, attributable to it, 32guitars.com cannot meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to continue with the purchase by establishing a new delivery date or cancel the order. ordered with a full refund of the price paid. In any case, home deliveries are made on business days.

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.

If the User is not going to be at the delivery location in the agreed time slot, they must contact the carrier to arrange delivery on another day.

In the event that 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to the carrier, 32GuitarCo. It will be understood that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, with the exception of additional expenses resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must keep in mind that the transportation derived from the resolution may have an additional cost that may be passed on to them.

For the purposes of these Conditions, it will be understood that delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when 32GuitarCo. receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after complete receipt of the amount for payment .

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT. The applicable VAT rate will be the one legally in force at all times.

VII. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting 32GuitarCo. through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact information provided in the first clause (General information ).

In any case, the User, before clicking on Pay/Finish purchase, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679. of the European Parliament and of the Council, of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.

VIII. RETURNS

In cases in which the User purchases products on or through the owner’s Website, they are entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the 32guitars.com Website or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case If it is a service contract, 14 calendar days from the day the contract was signed. To exercise this right of withdrawal, the User must notify 32GuitarCo of his decision. He may do so, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract.

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, 32guitars.com will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website). without any undue delay and, in any case, no later than 14 calendar days from the date on which 32GuitarCo. is informed of the decision to withdraw by the User.

32GuitarCo. will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, 32GuitarCo. could withhold said refund until having received the products or items of purchase, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to Marc Fernández Martinez at the address of origin.

And it must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which 32GuitarCo. was informed of the decision to withdraw.

The User acknowledges that he or she is aware that he or she must assume the direct cost of returning (transport, delivery) of the goods, if any are incurred. Furthermore, he will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that may deteriorate or expire quickly; Music or video CDs/DVDs without their packaging, as sealed at the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun. , with the express consent of the consumer and user and with their recognition that they are aware that, once the contract has been fully executed by 32GuitarCo., they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond simply opening it, products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

Exceptions/non-returnable items

Unfortunately, we cannot accept returns on sale items or gift cards. Nor are products made expressly at the user’s request, following personalized specifications.

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and that, therefore, they must contact 32GuitarCo. immediately and let you know of the existing non-conformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where applicable, the replacement of the same is appropriate. .

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same payment method that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always apply.

Guarantee

All new products are guaranteed to be free of manufacturing defects. The warranty applies only to the original purchaser. If you obtained your product through a dealer, please contact the dealer directly to handle warranty issues.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by 32guitars.com and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products sold on the Website may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and They will not be a defect. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Any of the following actions will void the warranty: Damaging the original packaging or losing any element it includes, cutting or disconnecting the cables, altering the welds of the covers, manipulating any structural element of the product that does not intervene in the direct connection to the circuit of the instrument, removing or modifying the product labeling, structural abuse or aesthetic degradation of the product (bumps, scratches, burns) or any other type of alteration of the product.

On the other hand, it could happen that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty right directly against them. To do this, the User must have kept all the information related to the product warranty.

IX. DISCLAIMER

Unless otherwise provided by law, 32GuitarCo. will not accept any responsibility for the following losses, regardless of their origin:

– Any losses that were not attributable to any breach on their part;

-Business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred);

-Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.

Likewise, 32GuitarCo. It also limits its liability in the following cases:

 – 32guitars.com applies all measures to provide a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to the resolution of the user’s screen, or browser problems that may arise. use or others of this nature.

– 32GuitarCo will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages resulting from transportation malfunctions, especially due to causes such as strikes, road delays, and in general any others typical of the sector, which result in delays, losses or theft of the product.

– Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. 32GuitarCo uses all the means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.

– 32GuitarCo will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, 32GuitarCo will also not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.

In general, 32GuitarCo will not be responsible for any failure or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, due to force majeure, and This may include, but is not limited to:

– Strikes, lockouts or other industrial action.

– Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war, alien contact (peaceful or not).

– Fire, explosion, storm, flood, earthquake, frost, extreme heat, solar flare, alteration of the lunar orbit, sinking, epidemic or any other natural disaster.

– Impossibility of using trains, ships, planes, drones, motor transport or other means of transport, public or private.

– Inability to use public or private telecommunication systems.

– Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and 32GuitarCo will have an extension in the term to comply with them for a period of time equal to the duration of the cause of force majeure. 32GuitarCo will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.

X. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with 32GuitarCo. are electronic (email or notices published on the Website).

For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that 32GuitarCo. send electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with 32GuitarCo. through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stated, 32GuitarCo. You can contact and/or notify the User at their email address or at the postal address provided.

XI. RESIGNATION

No resignation from 32GuitarCo. to a specific legal right or action or the lack of requirement by 32GuitarCo. Strict compliance by the User with any of its obligations will not imply a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with its obligations.

No resignation from 32GuitarCo. to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

XII. NULLITY

If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

XIII. COMPLETE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between the User and 32GuitarCo. in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.

The User and 32GuitarCo. acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

XIV. DATA PROTECTION

The information or personal data that the User provides to 32guitars.com in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

XV. APPLICABLE LAW AND JURISDICTION

Access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between 32GuitarCo. and the User will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

You agree to indemnify, defend and hold harmless 32GuitarCo. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party due to your breach of these Terms of Service or the documents they incorporate by reference, or as a result of your violation of any law or the rights of a third party.

XVI. COMPLAINTS AND CLAIMS

The User can send 32GuitarCo. your complaints, claims or any other comments you wish to make through the contact information provided at the beginning of these Conditions (General Information).

Additionally, 32GuitarCo. It has official complaint forms available to consumers and users, which they can request from 32GuitarCo. at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if the execution of this purchase contract between 32GuitarCo. and the User arises a dispute, the User as a consumer can request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution. on consumer matters and which modifies Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.