The present General Conditions of Contract – hereinafter CGC -, regulate the conditions of purchase of the different products offered on our website www.oscarnavarromusic.com, owned by OSCAR NAVARRO MUSIC S.L., with CIF B-87883922.
– MARKETED PRODUCTS
Through the website OSCAR NAVARRO MUSIC S.L. the following are sold to the public (1) Musical scores of the composer Oscar Navarro González for Symphonic Band -classified in several categories-, and for Chamber Music, all in physical paper format, (2) Different CDs and DVDs in physical formats and via “iTunes” with musical compositions by Oscar Navarro González, (3) T-shirts and caps with the Oscar Navarro Music Logo, as merchandising, and (4) rental of scores produced by Oscar Navarro González for Symphony Orchestras , also classified into several categories.
All these products are sold exclusively through the website OSCAR NAVARRO MUSIC S.L. both nationally (Spain) and internationally (European Economic Area and all other foreign countries), shipping worldwide.
Therefore, OSCAR NAVARRO MUSIC S.L. is not responsible for the sale of these products by distributors, who also purchased these through the web.
– TYPE OF PURCHASE OR RENTAL
The acquisition of any of the above products is done through OSCAR NAVARRO MUSIC S.L. via accessing the section “Online Store”, where one can choose from among these products, it is not necessary to have a user account for the purchase process, although there is the option to do so prior to the purchase.
In the case of the products described in section (1), the recipient may purchase each of these by clicking on them, then proceed to “add to cart”, being able to calculate shipping costs in advance by clicking the option of “calculate shipping” in “view cart”, later “finalize purchase”, at which time a discount coupon may be entered, if one is to be used, and according to the promotions that are made, then fill in the billing and “finalize order” data.
In the case of materials for Wind Band, the recipient will receive a complete set of the acquired work, composed of the director’s score, and a particella for each group of instruments.
For the products related to section (2), the purchase process is identical, except for those CDs whose purchase is made through the “iTunes” platform.
Likewise, the purchase process is identical for the products described in section (3).
Finally, as regards the products related to section (4), the process is like the previous products, except that it is subject to prior authorization from OSCAR NAVARRO MUSIC S.L. so that once selected, addressee should fill in the “ask for rental price” form provided on the website. Subsequently, both parties will sign the contract for the rental of the work, for the subsequent sending of the materials in digital format, and protected by a watermark, so that the process is finalized by email, independent of the electronic store provided on the website.
Payment of the products described may be made by debit or credit card (subject to the companies provided on the website), and bank transfer and PayPal, the price may be increased when the use of this last means of payment by the recipient may lead to additional cost to the seller, although the recipient may choose between any of the other means of payment in that case. In the case of products related to sections (1), (2) and (3) payment through these means will take place through the option “finalize purchase” provided in the online store. In the case of the products described in section (4), the payment will be through the same means, but from outside the digital platform.
– CONDITIONS OF PURCHASE
- – Prices, shipping costs and ordering
The prices of each of the products are expressly detailed on the website, except for those related to the products of section (4) in which the object is to rent. The recipient will receive prior information on the cost of renting these products, it being necessary for the recipient to complete and send the form provided on the website.
The prices that appear on the website do not include taxes, which will be added to the price and known by the recipient when completing the purchase of the product through the website, in the cases in which they reside in Spain or in another European Community country, as well as any increase in the price, in the event that there is an extra cost for the seller due to the choice by the recipient of PayPal as a form of payment.
However, in case the products are purchased from countries other than those mentioned, the price is the one that appears on the web, to which the shipping costs will have to be added.
Thus, the cost of shipping is not included in the price, which in turn the respective tax will be included, regardless of the country of destination (except for products of section 4 that do not have shipping costs), for which the recipient will also be aware when indicating in the purchase process the address to which the shipment must be sent.
Both the above amounts and the conditions of sale on the website are purely informative and may be subject to change in response to changes in tax regulations or simply market fluctuations. However, the execution of the order through the purchase process described implies consent with the price offered and the general conditions of sale in force at that time.
Once the order has been placed it will be understood that the purchase is made in full, with all the legal guarantees that cover the purchaser and, from that moment, the prices and conditions will be contractual and cannot be modified without the express agreement of both parties. Castilian (Spanish) (and English, when orders are made through the English version of the website) will be the language used to formalize the contract. For the products included in sections (1), (2) and (3), the contract will not be archived, but constitutes proof of the content and completion thereof, all of the present contracting conditions stated on the website, and proof of completion of purchase sent to the purchaser, except for the one related to the products included in section (4), which will be sent by electronic mail, being also subject to the aforementioned contractual conditions.
- – Shipping
The delivery times vary depending on whether the shipments are made to Spain, a country of the European Economic Area, or to another foreign country. Shipments will be made through the “Certified Mail” mode, unless the recipient indicates before the purchase process, and by sending an email to email@example.com a different manner of shipping than the previous one, being the time frame for delivery:
– Spain: 3 to 7 business days
– European Economic Area: From 5 to 15 working days
– Other foreign countries: From 5 to 25 business days
And in all cases, up to a maximum period of 30 working days, excluding any liability to OSCAR NAVARRO MUSIC S.L., for any delay that could occur as a result of an abnormal operation of said service (for holidays or vacations, among other reasons), or by any incident with the customs process of a foreign country.
If the recipient wishes, he/she can know the status of the shipment by contacting OSCAR NAVARRO MUSIC S.L. via the email address firstname.lastname@example.org to obtain the tracking number of the shipment.
All products present on the website OSCAR NAVARRO MUSIC S.L. are available for purchase by the recipient, except those indicated “soon”, which will not be available for purchase through the purchase process provided on the website.
Orders that include several articles will be made a single shipment, whenever possible for packaging reasons.
An order will be considered delivered when its receipt is confirmed by the recipient. Within 24 hours, the recipient must verify the products upon their receipt and express all objections that may exist.
The recipient will have 48 hours to check the integrity of all components of the order and to verify that everything that should be is included in the products. After these 48 hours it will be assumed that the shipment is accepted and no claims will be accepted for defects or failures with the shipment.
In case of receiving a product damaged in transport the recipient must contact OSCAR NAVARRO MUSIC S.L. by emailing email@example.com within the first 24 hours in order to file a claim regarding the incident with the company in charge of the shipment. In the same way, it is advised that the recipient file a record with the company, through this website:
- – Shipping costs
The purchaser will be aware of the costs of sending each of the products, except those relating to section (4), which is sent free by email, or even previously by selecting the option “calculate shipment” in “View cart”, although the purchaser may, prior to the aforementioned purchase process, choose a shipping mode other than the “Certified Mail” used by OSCAR NAVARRO MUSIC S.L.
- – Returns
In accordance with current legislation, the products can be returned within 14 calendar days from receipt of the goods by the recipient, communicating the return, through the form that will be previously provided by OSCAR NAVARRO MUSIC S.L. at the request of the same, to be sent by the addressee fully completed within the aforementioned period by e-mail to the address firstname.lastname@example.org and also by letter to Apartado de Correos no. 144, CP Nº 03.660, Novelda, Alicante (Spain) if the addressee resides in Spain.
To obtain a copy of the form, and return instructions, it is necessary to contact OSCAR NAVARRO MUSIC S.L. by means of the aforementioned e-mail address, stating in the subject “Request for return form”.
According to the current legislation with regard to the matter, excludes the right to return, by its nature, the products described in section 4), as well as those included in sections (1) and (2) when they have been unsealed after delivery, or when the purchase process ends through another digital platform, the recipient will have to make contact for that purpose, as well as the products related to section (3), when they are not in perfect condition.
Likewise, the purchaser is obliged to comply with the obligations and responsibilities that the current legislation imposes on him in exercising his right to return.
All merchandise must be returned in its original packaging and condition, in perfect condition and protected, avoiding stickers, seals or adhesive tape directly on the surface or packaging of the article. Otherwise OSCAR NAVARRO MUSIC S.L. reserves the right to refuse the return.
Once the return is requested by sending the corresponding form, and accepted by OSCAR NAVARRO MUSIC S.L. the recipients will receive by email (or by postal mail for a resident of Spain) the necessary instructions for the return, and must send the shipment before a maximum period of 14 days from the time they received the instructions.
The shipping expenses originated by the return will be at the expense of the recipient, who will have to proceed with the return in accordance with the instructions previously provided for this purpose by OSCAR NAVARRO MUSIC S.L.
Once the product has been received and verified that it is in perfect condition, the refund of the amount will be processed. The payment received will be refunded, including the cost of delivery, unless the shipment has been made by means other than the agreed upon, at the request of the recipient.
The payment of said amount will be made within a maximum period of 14 days from when the right to return was exercised. However, until the products are returned, the amount to be reimbursed may be withheld.
- – Guarantees
As for the Guarantee of the products, the provisions in the Spanish Law that govern this will be applied.
OSCAR NAVARRO MUSIC S.L. will be in charge of the shipping costs generated by the processing of the guarantee of the product in those cases where it is assumed that the lack of conformity exists in the purchased property. It should always be done following the instructions indicated by OSCAR NAVARRO MUSIC S.L. upon acceptance.
The recipient can process the guarantee by contacting OSCAR NAVARRO MUSIC S.L. via the email address email@example.com and by means of a letter to Apartado de Correos No 144, CP No. 03.660, Novelda, Alicante (Spain) if the addressee resides in Spain.
- – Technical means to correct errors
The OSCAR NAVARRO MUSIC S.L. website has a system configured so that in certain sections, if the client does not correctly include his/her data or leaves any required field empty a warning window will open telling the client of the possible error so that it can be corrected.
However, if the client included some information incorrectly and cannot solve it directly through the website, the client can contact OSCAR NAVARRO MUSIC S.L. via the following address: firstname.lastname@example.org
- – Industrial and intellectual property
The client acknowledges that all the contents of the website, the products, brands, trade names, designs, texts, images, etc. are protected by the corresponding copyright owned by OSCAR NAVARRO MUSIC S.L. and that, therefore, its reproduction, transmission or registration is not permitted unless prior authorization is given by OSCAR NAVARRO MUSIC S.L. However, the user may use information provided to manage his/her order and the corresponding contact information.
- – Continued existence
In the event that, regardless of the cause or extent, any provision of these Conditions is declared invalid or unenforceable will not affect the invalidity or unenforceability of the remaining provisions, enforcing the application of such provision to the fullest extent permitted under the applicable legislation.
- – Resolution and extinction
Failure by the parties regarding any of the obligations contained in this contract, considering each as one as an essential obligation thereof, will be grounds for termination of this contract.
Likewise, this contract will be disolved in the event of any of the general or common causes of terminations of contracts.
- – Applicable legislation and Jurisdiction
Contracting products through the OSCAR NAVARRO MUSIC S.L. website, in addition to the simple use thereof, is subject to Spanish legislation.
The parties agree, expressly waiving any forum that may correspond, to submit any differences that may arise in connection with the execution and interpretation of this contract to the Courts and Tribunals of Madrid.
Resolution of online consumer litigation in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform that is available at the following link: http://ec/europa.eu/consumers/odr/.