Terms of service
This is a translation provided for information purposes only. The original and legally binding version of this text is the Spanish version. In the event of any discrepancy or doubt as to interpretation, the Spanish version shall prevail.
This document establishes the General Terms and Conditions of Sale (hereinafter, “GTCS”) for the contractual relationship concerning the purchase and sale of products offered via the website neomusica.es, owned by SCHAGERL ESPAÑA, S.L. (hereinafter, the “SERVICE PROVIDER”)—with its registered office at Avda. Blasco Ibáñez, 20, 46360 Buñol (Valencia), and registered in the Commercial Register of the Province of Valencia (Volume 9827, Book 7109, Folio 49, Section 8, Sheet V-160665, Entry 1)—and the individuals (hereinafter, the “PURCHASER”) who express their intent to purchase such products by submitting a request online through this website. These user requests constitute the specific terms associated with these GTCS, which the PURCHASER must review prior to purchasing any product. These terms are made available to the PURCHASER on the website www.neomusica.es for the purpose of being read, printed, saved, and accepted; the PURCHASER may not complete a product purchase without first having reviewed them. The GTCS shall always be accessible to the PURCHASER in a visible location on the website.
These GTCS, together with the request for specific products submitted by the PURCHASER, formalize the purchase and sale agreement between the SERVICE PROVIDER and the PURCHASER, who confirms having read, understood, and accepted these terms.
FIRST.—SUBJECT OF THE CONTRACT
Under these GTCS, the SERVICE PROVIDER agrees to deliver to the PURCHASER the products requested via the website neomusica.es in exchange for a specified price. By purchasing the products available on this website, the PURCHASER declares that:
• They are of legal age and have the legal capacity to enter into contracts.
• They have read, understood, and accepted these General Terms and Conditions (GTC).
SECOND. APPLICABLE LEGISLATION
These GTC are subject to the provisions of Law 7/1998, of April 13, on General Contracting Conditions; Law 26/1984, of July 19, the General Law for the Defense of Consumers and Users; Royal Decree 1906/1999, of December 17, 1999, which regulates telephone or electronic contracting involving general terms and conditions; Organic Law 15/1999, of December 13, on the Protection of Personal Data; Law 7/1996, of January 15, on the Regulation of Retail Trade; and Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
THIRD. AMENDMENT OF THE GTC
The SERVICE PROVIDER reserves the right to modify these GTC at any time, without the need for prior notification to the PURCHASER. In any event, it is the PURCHASER’s responsibility to review them as a prerequisite to acquiring any product available through this website. The GTC displayed on the website at the time the PURCHASER acquires the corresponding products shall be considered valid and applicable.
FOURTH. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
4.1. Product Delivery – The SERVICE PROVIDER agrees to deliver the product in perfect condition to the address specified by the CLIENT in the order form, which contains the specific terms and conditions that supplement these General Terms and Conditions (GTC). The SERVICE PROVIDER shall not be held liable for delivery errors resulting from information provided by the CLIENT in the order form that is inaccurate or incomplete.
The estimated delivery time for each product is indicated on its respective product page. Typically, the product is delivered within approximately 10 days from the moment the SERVICE PROVIDER has verified receipt of payment. In the event that a product is out of stock, or if the delivery time exceeds that stated on the product page, the SERVICE PROVIDER will notify the CLIENT of the revised delivery timeframe via email.
4.2. Liability of the SERVICE PROVIDER.- Under no circumstances shall the SERVICE PROVIDER be held liable for:
• Errors or delays experienced by the CONTRACTING PARTY when entering data into the order form; slowness or failure in the receipt of order confirmations by the intended recipients; or any other anomalies arising from issues with the Internet network, events constituting *force majeure* or unforeseeable circumstances (*caso fortuito*), or any other unpredictable contingency beyond the company’s control. In any such event, the SERVICE PROVIDER commits to addressing the issues that may arise and providing the CONTRACTING PARTY with all necessary support to reach a prompt and satisfactory resolution.
• Errors or damages resulting from inefficient or bad-faith use of the service by the CONTRACTING PARTY.
• Non-functionality or issues regarding the email address provided by the CONTRACTING PARTY for the delivery of the order confirmation.
• Right of withdrawal: The SERVICE PROVIDER grants the CONTRACTING PARTY the right of withdrawal, in accordance with the terms and timeframes established by Law 7/1996, of January 15, on the Regulation of Retail Trade. In such a case, the SERVICE PROVIDER shall reimburse the CONTRACTING PARTY for the amount paid—covering the price and applicable taxes—either to the account number specified by the CONTRACTING PARTY or via the original payment method used. The CONTRACTING PARTY has a period of 7 business days from the date of product delivery to exercise this right; unless proven otherwise, the delivery date shall be considered the date indicated on the delivery document signed by the CONTRACTING PARTY. To exercise this right, the CONTRACTING PARTY must complete the document [link to withdrawal form template] created for this purpose and notify the SERVICE PROVIDER—using any legally accepted method and within the established timeframes—at the address provided at the beginning of these General Terms and Conditions (GTC), while also returning the product in question. In all cases, the CONTRACTING PARTY shall bear the direct costs of returning said product, as well as the cost of any damage to the product or its packaging resulting from the return, and the cost of any missing components or accessories originally included with the product.
FIFTH.—RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTY
5.1. Payment.—The CONTRACTING PARTY agrees to pay in advance the amount for the product actually requested, in accordance with the following terms:
• Amount.—The payment for the product requested by the CONTRACTING PARTY shall be the amount indicated on the website and specified in the CONTRACTING PARTY’s individual request at the time of purchase; such requests shall constitute the specific terms and conditions for that particular order. Product prices displayed on the website always include VAT.
Furthermore, the relevant shipping costs must be added to the price shown on the website for each product offered. As these rates are neither determined nor applied by the SERVICE PROVIDER, they shall correspond to the official rates offered by the national postal service or private courier companies. The SERVICE PROVIDER does not derive any profit from these shipping charges; the total cost—covering both the product and shipping—will always be communicated to the CONTRACTING PARTY prior to finalizing the purchase, and will also be stated in the purchase confirmation email. • Payment methods.- The CONTRACTING PARTY shall pay the amount corresponding to their order via bank transfer, cash on delivery, or credit card. In the case of a bank transfer, proof of payment must be sent by fax or email in order for the shipment to be confirmed.
A credit card payment may only be cancelled if the Contracting Party demonstrates that the card was used fraudulently or improperly to purchase the Services. In such a case, the Service Provider shall be subject to the provisions of Article 46.1 of Law 7/1996, of January 15, on the Regulation of Retail Trade, and the User shall be subject to the provisions set forth in the second paragraph of that same article.
• Responsibility of the CONTRACTING PARTY.- In all cases, it shall be the responsibility of the CONTRACTING PARTY to:
• Assume all risks of deterioration, impairment, damage, or loss of the products from the moment they are made available to the Contracting Party by the third party tasked—on behalf of the SERVICE PROVIDER—with delivering the requested products.
• Check the condition of the package upon delivery by the third party acting on behalf of the SERVICE PROVIDER, and note any anomalies observed in the packaging on the delivery note. If, upon subsequent inspection of the contents, the PURCHASER discovers any issues—such as impacts, breakage, or other damage caused during shipment—the PURCHASER agrees to notify the SERVICE PROVIDER as soon as possible.
SIXTH.—PERSONAL DATA PROTECTION
6.1.—Notification to the user regarding the existence of a data file and request for consent for the automated processing of data: With respect to any personal data provided by the PURCHASER via forms on the website, the SERVICE PROVIDER strictly complies with the regulations in force, specifically Organic Law 15/1999 of December 13 on the Protection of Personal Data, as well as any supplementary legislation. The PURCHASER is hereby informed that such data will be included in a file for automated processing; by accepting these General Terms and Conditions (GTC), the PURCHASER provides their consent for such processing.
6.2.—Purpose of processing: The SERVICE PROVIDER collects certain personal data entered by the PURCHASER into the form required to formalize the purchase of products. The SERVICE PROVIDER will process this data automatically. The SERVICE PROVIDER will use this data for invoicing and product delivery, as well as for the periodic sending of offers and commercial information to the PURCHASER, provided the latter has expressly authorized such communications. In all cases, the data collected and processed by the SERVICE PROVIDER is limited to the information strictly necessary for the aforementioned purposes. 6.3.- Mandatory Data Entry: Fields marked with an asterisk (*) on the forms require a mandatory response. Failure to complete these fields will make it impossible to submit an inquiry or place an order.
6.4.- Rights of Access, Rectification, Cancellation, and Opposition: The CONTRACTING PARTY who enters their personal data into the various registration forms may exercise their rights of access, rectification, cancellation, and opposition at any time by sending an email to tienda@neomusica.es or by writing to Avda. Blasco Ibáñez, 20, 46360 Buñol (Valencia). In either case, a copy of the data subject’s national identification document (NIF) must be included. The SERVICE PROVIDER reaffirms its commitment to respecting the absolute confidentiality of the CONTRACTING PARTY’s personal data during collection and processing, and guarantees that such data will not be shared with third parties under any circumstances without the prior consent of the data subjects.
6.5.- Security: The SERVICE PROVIDER ensures the absolute confidentiality and privacy of the personal data collected. To this end, essential security measures have been implemented to prevent the alteration, loss, unauthorized processing, or unauthorized access to such data, thereby ensuring its integrity and security—specifically those measures stipulated in Royal Decree 994/1999 of June 11, which approves the Regulation on security measures for automated files containing personal data. The SERVICE PROVIDER shall not be held liable for any incidents involving personal data that arise from an attack or unauthorized access to its systems—provided such an event could not have been detected by the implemented security measures—or from a lack of due diligence by the CONTRACTING PARTY in safeguarding their access credentials or personal data.
6.5. Accuracy of Data.- The CONTRACTING PARTY is responsible for the accuracy of their data, undertaking not to provide false information and to update such data should the need arise.
SEVENTH.- LIABILITY
Under no circumstances shall the SERVICE PROVIDER be held liable for:
7.1.- Failures or incidents that may occur in communications, or for the deletion or incomplete transmission of data; consequently, it is not guaranteed that the website’s services will be operational at all times.
7.2.- Any damage that the CONTRACTING PARTY or third parties may cause to the website.
EIGHTH.- COPYRIGHT AND TRADEMARKS
The SERVICE PROVIDER states that the website neomusica.es is fully protected by copyright. Any reproduction, communication, distribution, or transformation of the protected elements is expressly prohibited without the explicit consent of the SERVICE PROVIDER. Trademarks for products sold by the SERVICE PROVIDER through the website belong to their respective legal owners; the "Neomusica" trademark belongs to the SERVICE PROVIDER.
NINTH.- APPLICABLE LAW AND ARBITRATION
These General Terms and Conditions (GTC) are governed by Spanish law. To resolve any dispute or conflict arising from these GTC, the SERVICE PROVIDER shall abide by the criteria for determining jurisdiction as established by the applicable legislation regarding consumers and users.
TENTH.
Should any clause of these GTC be declared void, the remaining clauses shall remain in full force and effect and shall be interpreted in light of the intent of the parties and the underlying purpose of these terms. The SERVICE PROVIDER may choose not to exercise certain rights or powers granted herein; such inaction shall not, under any circumstances, constitute a waiver of said rights, unless explicitly acknowledged as such by the SERVICE PROVIDER or in the event that the corresponding legal action becomes time-barred.