Terms of use, payment and returns
INDEX OF CONTENTS
- Seller ID
- Acceptance and acceptance testing
- Characteristics of the contracted services
- Validation of purchase
- Terms and payment methods
- Description of payment systems
- Pricing policy
- Validity of prices
- Claims, returns, withdrawal
- After Sales Service
- Limitation of responsibility
- European online litigation platform
- Jurisdiction and applicable laws
These contracting conditions govern the relationship between ESMAR MUSIC and the users of its online store, which are provided through the site https://esmarmusic.com/.
ESMAR MUSIC is committed to transparency and clarity in commercial transactions carried out on this portal and to guaranteeing a space committed to the rights of users and customers. This is why we recommend that you read these terms carefully before completing your purchase process.
These terms define the commercial conditions that govern the relationship between users and ESMAR MUSIC, and will be binding from the moment any transaction is made on this website.
SELLER IDENTIFICATION
In accordance with the provisions of Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE), the following information is offered:
The company name is: Global Education Initiatives, SL
Trade name: ESMAR MUSIC
The CIF is: B98743685
E-mail: [email protected]
The registered office is: C/ Comedias, 4, 46183, L'Eliana, (Valencia), SPAIN
The social activity is: Training and other professional services.
Purpose of the website: to provide information and training services.
You may also review our privacy and cookie policy, which describes our practices regarding the data you provide to us.
The user can only access and contract these services after reading and accepting these contract conditions.
By accepting these conditions, the user is bound by these terms, which together with our privacy and cookies policy, govern our business relationship.
ESMAR MUSIC reserves the right to modify or change these terms at any time. If the modifications constitute a substantial change in the terms, ESMAR MUSIC will notify you by posting an announcement on the website.
The products are available only to legal entities and natural persons who are at least 18 years of age.
Your use of any Service, following notification of a material change to the Terms, will constitute your acceptance of the modified Terms.
ACCEPTANCE AND TEST OF ACCEPTANCE
As a condition of placing any order, the user must provide his/her information on the corresponding order and store registration form. The registration information that he/she provides must be accurate, complete, and current at all times. Failure to do so constitutes a violation of the terms, which may result in the termination of the agreement with ESMAR MUSIC.
From the moment of acceptance, the user acquires the status of ESMAR MUSIC client.
CHARACTERISTICS OF THE SERVICES OFFERED
In all services, the availability of places will be indicated if necessary. Our intention is to always keep the stock updated, but it may not be possible, if this were the case we would contact you to facilitate the immediate refund of the payment, or inform you of the new delivery time. Without entailing any type of damage or compensation for not having availability of places for the service offered by ESMAR MUSIC. The client always has the possibility of making a pre-purchase enquiry about availability before placing the order using the email [email protected].
ESMAR MUSIC is not obliged to compensate the user or third parties for the consequences of the use of its products and services, whether direct or indirect damages.
VALIDATION OF THE PURCHASE
The validation of the order by the client expressly implies the knowledge and acceptance of these general contracting conditions as part of the conclusion of the contract. Unless proven otherwise, the data recorded by ESMAR MUSIC constitute proof of all transactions carried out between ESMAR MUSIC and its clients.
CONDITIONS AND PAYMENT METHODS
The user/buyer agrees to pay for the products and services acquired from ESMAR MUSIC using the accepted payment methods and for any additional amount (including taxes and late payment charges, as applicable).
ESMAR MUSIC accepts these forms of payment:
Secure payment by credit cards
Secure payment via PayPal
Bank transfer (for some services)
DESCRIPTION OF PAYMENT SYSTEMS
Credit cards: Through this payment method, the buyer will have to provide their card number, the expiration date and their CVV number. At all times your data will be encrypted and sent via a secure SSL server to the Stripe and/or Caixabank virtual POS, obtaining maximum security, confidentiality and integrity in the transaction. This procedure does not provide the card number to ESMAR MUSIC at any time.
PayPal: Due to its security and speed, this world-renowned system is one of the most widely used today in online sales. For more information, visit www.paypal.es. From esmarmusic.com you will be redirected to the PayPal home page, where if you have an account you can make the payment through it, or if you do not have an account, you will be given instructions on how to pay through it using a credit/debit card or bank account.
Bank transfer: This offline payment method requires the customer to transfer the amount of the service/product to ESMAR MUSIC's bank account(s). The service/product will not be accessible until the transfer is confirmed.
No other payment methods are accepted.
Payment is always 100% in advance of the order, and orders will be processed and shipped when we confirm payment.
PRICING POLICY
The prices applicable to each product and/or service are those indicated on the website on the date of the order.
However, in accordance with the provisions of Law 37/1992, of December 28, regulating taxes, the operation may be exempt or not subject to the same depending on the country of residence of the buyer and the condition in which he acts (businessman, professional or private individual). Consequently, in some cases the final price of the order may be altered with respect to that shown on the website.
VALIDITY OF PRICES
The products and services offered on the website, and their prices, will be available for purchase as long as they are in the product catalogue displayed on the website. Users are requested to access updated versions of the website to avoid pricing errors. In any case, orders in process will maintain their conditions for 7 days from the time of their formalization.
CLAIMS, RETURNS, WITHDRAWAL
The user/buyer may make claims or requests for withdrawal or return by sending an email to [email protected] indicating your name and surname, the order number, the service or product purchased and explaining the reasons for your claim.
In the event that a service is not provided, ESMAR MUSIC will refund the amount paid by the client.
Likewise, the amount of the service will be refunded if the client withdraws from the service within 14 days of registration and 5 days before the start date of the activity, in accordance with article 103 of RDL 1/2007, of November 16.
If the withdrawal occurs once the service has started and/or the client has received the materials in computer format, the right to a refund is lost.
To exercise the right of withdrawal, the client must notify his decision to withdraw from the performance of the service through an unequivocal statement (to the email address [email protected]), indicating all your data.
The refund of the service amount will be made through reimbursement using the same method by which the payment was made.
To comply with the withdrawal period, you must take into account the above.
We will refund the amount within the next 14 calendar days from the date on which we approve your return.
In the case of online courses, article 103 of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other laws, establishes that the following are exempt from the right of withdrawal:
The supply of digital content that is not provided on a physical medium when the execution has begun with the prior express consent of the consumer and User with the knowledge on their part that they consequently lose their right of withdrawal.
Therefore, through this document, we inform you that in compliance with the aforementioned regulations, the contracting of online courses is excluded from the right of withdrawal, since said services require the acquisition of syllabi and other materials by downloading in digital format, and this is excluded from the right of withdrawal.
ESMAR MUSIC will not accept changes or returns that have not been previously communicated through the indicated channels.
AFTER SALES SERVICE
We have an after-sales service to solve any problem with our products or shipments through which we offer the fastest and most efficient attention to our customers.
To contact us or ask us any questions, concerns or complaints, you can use any of the following methods: e-mail: [email protected].
LIMITATION OF LIABILITY
ESMAR MUSIC reserves the right to make changes and updates to the information contained on the Website, its configuration and presentation, access conditions, contract conditions, etc. at any time and without prior notice. Therefore, the user must access updated versions of the page.
The user is solely responsible for maintaining the confidentiality and security of his/her user profile. The user agrees to immediately notify ESMAR MUSIC of any breach of the security of the site.
ESMAR MUSIC will not be liable for any loss arising from improper or unauthorized use of its website.
The user is solely responsible for maintaining the confidentiality of his/her password and is solely responsible for all activities resulting from the use of his/her password on the pages developed by ESMAR MUSIC. Our platform generates secure passwords automatically. If you wish to change it, this is possible under your responsibility. We recommend the use of secure passwords that include uppercase, lowercase, numbers and/or special characters.
The user agrees to hold ESMAR MUSIC harmless from claims, losses, expenses, damages and costs (including direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys' fees resulting from any breach by the user/buyer of these conditions, whether or not considered material or immaterial; the improper use of the Services by you or any person acting on your behalf or using your account on the ESMAR MUSIC websites or for any material or immaterial violation of any third party rights, titles or interests.
In no event shall ESMAR MUSIC be liable for any breach of contract by the customer, negligence with respect to the site, the service or any content, for any lost profits, loss of use, or actual, special, indirect, incidental, punitive or consequential damages of any kind arising from your misuse of the tools provided.
Our only responsibility will be to supply the product or service under the terms and conditions expressed in this contracting policy.
ESMAR MUSIC will not be liable for any consequences, damage or harm that may arise from improper use of the products supplied.
EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM
The European Commission provides an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/. Consumers may submit their complaints through the online dispute resolution platform.
JURISDICTION AND APPLICABLE LAWS
ESMAR MUSIC and the user will be governed by Spanish law to resolve any dispute that may arise from access to or use of this website, and will be subject to the jurisdiction of the Courts and Tribunals of the city of Valencia.