Terms & Conditions
In compliance with the provisions of "Real Decreto 1906/99" of December 17, which regulates electronic contracting and the Law of Retail Trade (Ley 7/1996 de 15 de enero, amended by Ley 47/2002 de 19 de diciembre) as applicable to the provisions on distance sales in articles 38 and following, and Community Directive 2000/31 of June 8 regarding electronic commerce, "Area Suena, Equipamiento y Servicios Audiovisuales, S.L.U". hereinafter designated as "SuenaDirect", inform:
1.1. The Client acknowledges that SuenaDirect (Area Sounds, Audiovisual Equipment and Services, S.L.U.) is the owner of the information that has been provided to him and of the Industrial and Intellectual Property rights related to the brands distributed by SuenaDirect
1.2. The Customer agrees to:
a) use the information received (confidential) for strictly own purposes.
b) refrain from distributing or reproducing, in whole or in part, and in any way, such information
2. ACCEPTANCE OF CONDITIONS
2.1. The Customer irrevocably accepts the General Conditions of Sale and Delivery, as well as our particular conditions, even if these conditions are contrary to the general and specific conditions of the Client.
2.2. The general and specific conditions of the Client do not bind SuenaDirect, unless SuenaDirect has expressly accepted them in writing. The conclusion of a sale between SuenaDirect and the Client, without expressing disagreement with the general or particular conditions or other provisions established by the Client, does not imply the agreement of SuenaDirect with them.
2.3. It will be presumed that any person acting on behalf of the Client, be it a manager, a collaborator, etc., is a representative thereof and has sufficient powers to act as such and bind him.
2.4. The intermediaries, agents or technicians of SuenaDirect are not authorized to perform acts that link it, unless their offers are confirmed in writing by SuenaDirect.
SuenaDirect reserves the right to cancel the orders made without your confirmation.
3.1. The offers and published prices are purely indicative, reserving SuenaDirect the right to modify said prices without prior notice. Orders will be accepted subject to a possible variation in the price.
3.2. The shipping costs are not included in the products price. Shipping costs will appear for express acceptance by the user before finalizing the purchase process and once the user has provided the shipping address of the order
4. DELIVERY OF THE PRODUCT
4.1. The deadlines for the delivery of the material are merely informative, not binding for SuenaDirect.
4.2. Unless expressly agreed in writing with SuenaDirect, the Customer shall not be entitled to request the cancellation of an order or any compensation (including the refund of shipping) in the event that there is a delay in the delivery of the product, due to circumstances outside to the will of SuenaDirect.
4.3. The Customer can not refuse to pay the price of the delivered products when it is a delay is produced in the delivery of remaining prodcuts on a partial supply of an order.
5. TRANSFER OF RISK
The Risk for loss and / or damage is transmitted to the Client from the moment the merchandise is sent to the Customer.
6. RECEIPT OF MERCHANDISE
6.1 It is an essential condition that at the same moment of receipt of the order, be indicated on the delivery note of transport any issue could present the packaging.
6.2 It is also essential that any transport damage be communicated by email to SuenaDirect, within a maximum period of 24 hours from receipt of the material to the customer service department.
7.1. All warranty covering the product delivered to the customer is limited to the extension by the manufacturer. This warranty only covers the physical imperfections of the material support. The intervention of SuenaDirect is limited to the processing of the simple change of the defective parts, provided that the manufacturer's warranty foresees such measure.
7.2. The guarantee is applied as long as the product that is delivered to the customer always it be used in normal operating conditions, as those described in the catalogs, the instructions and the manuals available to the user. In no case is it guaranteed that the product supplied is suitable to respond to a particular problem of the user.
7.3. SuenaDirect is not obliged to indemnify the user or the consequences of the use of the product, direct or indirect damages, or damage to people, or property or benefits or lose of data recorded by the user.
7.4 SuenaDirect assume the delivery expenses in both directions in case of DOA (Defective On Arrival of material). If once we review the product it works correctly, it will be returned to the Customer with the corresponding transportation costs and plus an increase by handling and testing expenses.
7.5 Return freight for defective products within the warranty period are for the Client's account and the manufacturer does not include within the warranty the cost of shipping the material for repair. If the Client has the right to claim in accordance with local legislation and SuenaDirect is responsible, the responsibility of SuenaDirect on the Client is limited to the amount of the original purchase price of the product.
We understand as "Customer" to any natural person who recept the products as final recipient and final user of the same and not to those integrated into a production, transformation or commercialization processes.
8. LEGAL CLAUSE
In case of the existence of a default or defective fulfillment in the sale attributable to SuenaDirect, it is expressly agreed that the responsibility of SuenaDirect will be limited to the refund of the amount paid by the customer and to the acceptance of the return of the product, giving by rescinded the purchase agreement.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. The intellectual property rights of the programs offered to the Client are the property of the manufacturer. Only and exclusively is granted to the with customer the license of use.
9.2. The Client is obliged to:
a) Ensure the confidentiality of the programs.
b) Abstain from:
- Modify the Product, whatever the form.
- Fabricate imitations of the Product.
- Allow an imitation thereof to be made or to favor such action, whatever the form.
9.3. The user, whatever the way, may not assign, grant, pledge, modify, or lend these programs, either for consideration or free of charge.
9.4 SuenaDirect is not responsible for the possible violation of commercial protection rights or intellectual property rights of third parties, in which the commercialized products may incur. The Customer must immediately inform Suena Direct of any claim for this reason.
10. CONDITIONS OF PAYMENT
10.1. The invoices issued by SuenaDirect, corresponding to the products supplied, will be sent to the Customer at the time of delivery of the products.
10.2. Invoices are payable in cash, net and without discount at the the end time of process of purchase.
10.3. The payment of the invoice in no case will be subject to the installation or start-up of the products.
10.4. If the invoice is issued, at the request of the Client, in the name of a third party, both the Client and the third party are jointly and severally liable for payment of the same and the rest of the obligations arising of the conditions of sale.
10.5. In the case of termination and / or withdrawal of the sale due to the Client's fault, the latter will be obliged to indemnify SuenaDirect for the damages and losses caused. The compensation is set at a minimum of 30% of the total sale price, without prejudice to claiming a higher compensation if the damage suffered is greater than said 30%.
11. RESERVATION OF DOMAIN
11.1.While the Client has not fully paid the price as a result of a sale, the Product will be considered the property of SuenaDirect, with all the inherent rights. The Client will be only considered as the depositary of the Products and must store them separately, clearly identifying them.
11.2. If upon expiration of any term the Client does not pay the amount, SuenaDirect may choose between demanding immediate payment of all due ammount, or terminate the contract and withdraw the Products held by the Client, without obligation to refund any amount of those received, which will be for the benefit of the owner of this website:
Area Suena, Equipamiento y Servicios Audiovisuales S.L.U., as compensation for breach of contract, without prejudice to compensation for damages caused that this may claim.
11.3. If, prior to the total payment of the Products, the client is object of any seizure or embargo, in the seizure procedure it will be expressly stated that these are the property of SuenaDirect. If, however, they were seized, it will facilitate the exercise, by SuenaDirect, of the relevant domain third party, whose expenses will be borne by the Client.
11.4. The Customer, in addition to the special impact on the fulfillment of its obligations, established on the products sold, shall be liable for them with all other goods.
12. EXPORT OF PRODUCTS
12.1. The Client undertakes to respect the legal provisions for export control promulgated by the United States of America, as well as by the European Union and its Member States.
12.2. In order to export a Product outside the European Union, the Customer is obliged to obtain a prior written authorization from the manufacturer. In case of non-compliance, the Customer shall indemnify SuenaDirect for all damages, costs and expenses incurred.
13. RISK ENVIRONMENT
The Client undertakes to respect the manufacturer's restrictions for Products that can not be used in a nuclear environment or in any other risk environment. The Client undertakes to indemnify SuenaDirect for the damages, expenses and costs that Suena Direct may suffer if there is a violation of this clause and of the restrictions imposed by the manufacturer.
14. APPLICABLE LAW AND COMPETENT JURISDICTION
14.1. The applicable law to these general conditions of sale, as well as to any controversy related to this contract, will be Spanish law.
14.2. Any controversy arising from this contract will be submitted exclusively to the jurisdiction of the Courts of Madrid.