– Company Name: Sottovoce Audio, Sociedad Limitada
– Business Address: Calle Nicolau Primitiu Gómez Serrano, 26-Bajo. 46014 Valencia (Spain)
– NIF: B98691819
– Registration: Companies Registry of Valencia, Page V-162506, Volume 9881, Folio 188, Entry 2
– Phone: (+34) 722743174
– e-Mail: firstname.lastname@example.org
– Domain name: www.sottovoceaudio.com
These Terms and Conditions govern, without prejudice to rights legally attributed to each of the parties involved, in each of the relations of trading and after-sales made between the entity that provides the service, hereinafter “Seller”, and each of their clients, hereinafter “Buyer”.
In these Conditions, the following words shall have the following meanings:
1.1 “Seller” means SOTTOVOCE AUDIO SOCIEDAD LIMITADA, whose registered address and contact details are those listed in the header of this document. The Seller offers them to the Buyer as a valid contact forms.
1.2 “Buyer” means the person, firm or company placing an order with the Seller.
1.3 “Products” mean those goods which are the subject of the Buyer’s order and which are to be supplied to the Buyer by the Seller under these Conditions.
1.4 “Services” mean the provision of services which are the subject of the order or the pre-contractual document that must be satisfied to the Buyer by the Seller under these Conditions.
1.5 “Custom Products” mean the Products tailor-made or completed under the direct instructions of the Buyer.
1.6 “Contract Proposal” means the pre-contractual document provided by the Seller to the Buyer upon receipt and acceptance by the Seller of an order placed by the Buyer.
1.7 “Contract” means the contract for the supply of Products formed by the Seller’s acceptance of the Buyer’s order.
1.8 “Website” means the Seller’s website www.sottovoceaudio.com from which Products may be ordered.
2.1 The order request of Products and/or Services from the Buyer to the Seller shall be placed by means of one of the forms of contact offered by the Seller.
2.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the data, terms and specifications of any order submitted by Buyer.
2.3 Acceptance by the Seller of the Buyer’s order is, in all cases, subject to the clarity and accuracy of the data supplied by the Buyer and to the availability of Products for delivery or the the possibility of satisfying the Services by the Seller, and also to the written confirmation of the Seller, that will be as soon as possible after submission of the order.
2.4 The acceptance by the Seller of an order shall be formalized in a Contract proposal in which contact and billing information provided by the Buyer, Products and/or Services ordered and their pricing, applicable discounts, shipping charges and other additional attributable costs, as well as corresponding taxes will be indicated. Moreover, methods of payment, delivery and execution, and delivery times are indicated, together with the Conditions governing the contract between the Buyer and the Seller.
2.5 The Contract Proposal shall be in Spanish or English languages, unless agreed otherwise between the parties.
3. PURCHASE CONTRACT
3.1 The Contract between the Buyer and the Seller shall be in Spanish or English languages, unless agreed otherwise between the parties.
3.2 Acceptance by the Seller of each of the Buyer’s orders will bring into existence a separate legally binding Contract between the Seller and the Buyer.
3.3 The contract will be effective from the time that the Buyer accepts the Contract, a fact that is justified with proof of payment of the total amount stipulated in the Contract Proposal, unless otherwise agreed in writing between the parties.
3.4 If delivery of Products and/or Services is provided in installments or phases, Seller may provide in the Contract Proposal invoice each installment separately.
3.5 The Seller shall provide the Buyer a copy of the Contract prior to or at the time of delivery of the Products and/or Services.
3.6 All specifications of the Products are given by the Seller in the belief that they are as accurate as reasonably possible but are not to be treated as binding or as forming part of or incorporated by reference into the Contract.
4.1 The price payable for the Products and/or Services shall be as stated in the Seller’s price list current at the date of acceptance of the order, as set out on the Website or as set out in a quotation issued by the Seller to the Buyer relating to the Products and/or Services. All prices quoted are valid for 30 (thirty) days only or until earlier acceptance by the Buyer, after which they may be altered by the Seller without giving notice to the Buyer.
4.2 The published price of the Products and/or Services, as set out on the Website, are net prices and therefore taxes, duties, transport, insurance and extra support costs are excluded, unless expressly stated otherwise.
4.3 Additional costs as taxes, delivery, insurance, extra support and handling expenses in respect of the Products, shall be added to the price in the Contract Proposal, unless otherwise stipulated in writing by the Seller.
4.4 The prices refer to the price list of the Seller, as set out on the Website, and they are valid except for typographical errors and omissions.
4.5 All prices are in Euro currency (EUR, €).
5.1 The Buyer shall make payment in Euro currency (EUR, €).
5.2 The Buyer shall make payment by bank transfer to the account stated in the Contract Proposal, unless otherwise agreed between the parties.
5.3 In accordance with the provisions of these Conditions, payments will be made prior way to the delivery of the Products and/or Services, unless otherwise agreed between the parties.
5.4 If the Buyer fails to make any payment on the due date, or had done so only in part, without prejudice to any other right or remedy available to the Seller, he shall be entitled to cancel the Contract or suspend any further deliveries to Buyer. In the event that the Buyer had satisfied a portion of the payment, he will have the right to, once solved the Contract, the refund of the amounts paid, minus the expenses that such refund may cause.
6.1 Unless otherwise agreed in writing, the Products and/or Services will be delivered to the Buyer at the address for delivery specified in the Buyer’s order or otherwise agreed with the Seller. In the absence of a specified delivery address or agreement, the Products and/or Services will be delivered to the invoice address of the Buyer.
6.2 The Seller shall deliver the Products by transferring physical possession or control to the Buyer without any undue delay in the term estimated by the Seller, and no later than thirty (30) calendar days from the date of celebration of the Contract, unless otherwise agreed in writing.
6.3 If the Buyer refuses or fails to take delivery of the Products at the time of delivery, the Seller will be entitled at its discretion to store the Products at the risk of the Buyer. Then, the Buyer shall in addition to the price payable previously agreed and accepted, pay all costs and expenses of such storage and any additional costs of handling incurred.
7. TRANSFER OF OWNERSHIP
7.1 When the Seller sends the Buyer the Products, and chosen carrier were proposed by the Seller, the risk of loss or damage of them shall transfer to the Buyer when he or a third party indicated by he, other than the carrier, has acquired the material possession. In the event that either the Buyer is responsible of the transport of the Products or chosen carrier were not proposed by the Seller, the risk shall transfer to the Buyer with the delivery of the goods to the carrier.
7.2 The Seller shall retain title to and ownership of the Products until it has received payment in full of all sums due for all Products supplied to the Buyer. If payments received from the Buyer are not stated to refer to a particular invoice the Seller may appropriate such payments to any outstanding invoice.
7.3 The Seller shall be entitled to sue for the amounts awaiting payment after the due date has passed, even if the Products have not been delivered.
7.4 Until such time as property in the Products passes to the Buyer, the Buyer shall hold the Products as the Seller’s fiduciary agent and bailee, and shall keep the Products separate from those of the Buyer and third parties and properly stored, protected, insured and identified as the Seller’s property. The Seller shall be entitled at any time to require the Buyer to deliver up the Products to the Seller.
7.5 When the Buyer sends the Seller a return of the Products, and chosen carrier were proposed by the Seller, the risk of loss or damage of them shall transfer to the Seller with the delivery of the goods to the carrier. In the event that either the Buyer is responsible of the transport of the Products or chosen carrier were not proposed by the Seller, the risk shall transfer to the Seller when he or a third party indicated by him, other than the carrier, has acquired the material possession.
8.1 In Contracts formalized remotely, the Buyer is entitled to withdraw from the Contract, if applicable, before the beginning of the provision of the Services, before the dispatch of Products or within 14 (fourteen) calendar days after the delivery of the Products. The deliveries of goods or services defined by article 103 of Real Decreto 1/2007, of November 16th, are considered exempt from the entitlement to withdrawal.
8.2 Products that Buyer wishes to return to the Seller must be in perfect use and cosmetic conditions, inside its original packaging and with the complete documentation of the Product.
8.3 The Buyer shall complete the Withdrawal Document, which will be provided by the Seller, and return it to the Seller. Withdrawal Document will also be available for download on the Website. After receiving the Withdrawal Document, the Seller shall send the Buyer the Return Authorization, wherein the instructions for the return of the Products shall be provided.
8.4 The Products will be returned to the Seller by the same method in which they were delivered and the Seller shall bear the cost, in the case, of the returning of them, unless otherwise agreed by the parties.
8.5 The Seller shall, upon receipt of the returned Product in its original packaging, with its full documentation and once he has certified the perfect use and cosmetic conditions, proceed to refund the amounts paid by the Buyer. This refund will be issued within 14 (fourteen) calendar days after receipt of the Product and in the same mean of payment that it was purchased.
9.1 The delivery of Products and Services is assisted by a legal guarantee provided by Real Decreto 1/2007, of November 16th.
9.2 The Seller is liable for any lack of conformity which becomes apparent in the Products within a period of two years from delivery.
9.3 The Buyer shall inform the Seller of the lack of conformity within two months after he has knowledge of it.
9.4 The Seller, which may require additional information to the Purchaser to realize the lack of conformity, shall send the Buyer the Return Authorization, wherein the instructions for the return of the Products shall be provided.
9.5 The Products will be returned to the Seller by the same method in which they were delivered, unless otherwise agreed in writing. Seller shall bear the cost of the return of goods only if the carrier is proposed by the Seller.
9.6 The Buyer shall be entitled to product repair, its replacement, the reduction of the price or terminate the contract, depending on the case, as stated in applicable legal regulations.
10.1 The delivery of Products and/or Services by the Seller to the Buyer shall be accompanied by manuals or guides to use that, in any case, shall specify the conditions of use and service for which the Product and/or Service has been designed and/or installed.
10.2 By accepting the Contract, the Buyer agrees to fulfill the conditions specified for the Products and/or services purchased, which ensure their proper operation and durability.
10.3 Failure to observe by the Buyer of these conditions of use and, in any case, improper handling or use other than specified, shall be grounds for exclusion from the Seller’s liability.
11. CUSTOM PRODUCTS
11.1 Custom Products are manufactured from the date on which the Buyer has accepted the contract and has provided all the instructions required by the Seller.
11.2 The Seller shall determine a written estimated delivery time, which will be independent for each Custom Product which have been ordered by the Purchaser in the same order, and which may be greater than the generic delivery term set out in these Conditions for other Products.
11.3 The Buyer is not entitled to withdraw from the Contract for Custom Products, unless otherwise agreed in writing between the Buyer and the Seller, as stated by article 103 of Real Decreto 1/2007, of November 16th.
12. LEGAL FRAMEWORK
12.1 The Seller is headquartered and operates in Spain.
12.2 The Seller declares that all his acts are done in good faith and adjusted to right.
12.3 The Seller declares that the Products offered in the Website fulfill the statutory provisions applicable to them at the time of marketing both of Spanish national law and of the Community law of the European Union, and therefore are suitable for sale within the European Economic Area.
12.4 The construction, validity and performance of the Contract shall be governed by Spanish law and by entering into the Contract the parties submit to the jurisdiction of the courts of Valencia (Spain).
Last modified: January 1, 2018