Terms and Conditions

1. DEFINITIONS

The following definitions apply to these Terms and Conditions to facilitate a better understanding of these Terms and Conditions.

Reflection Period: the period within which the Consumer can make use of his Right to Withdrawal.

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a Distance Contract with the Entrepreneur.

Day: calendar day.

Transaction Duration: time of performance of a Distance Contract in relation to the acquisition, purchase or supply of a range of products and/or services.

Durable Data Carrier: any means that enables the Consumer or trader to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.

Right to Withdrawal: the possibility for the Consumer to renounce the distance agreement within the cooling-off period.

Entrepreneur: the natural or legal person that offers products and / or services to Consumers at a distance.

Distance Contract: an agreement whereby, within the framework of a system organized by the Entrepreneur for the distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques for distance communication.

Technique for Distance Communication: means that can be used for concluding an agreement, without the Consumer and trader being in the same room at the same time.

General Terms and Conditions: these general terms and conditions of the Entrepreneur.

2. IDENTITY OF THE ENTREPRENEUR

Company: MONEGROS MUSICAL, S.L., Sociedad unipersonal
Adress: Gran vía de Don Diego López de Haro 1, Planta 8 48001 Bilbao, España
Tax ID: B-22,429,971
e-mail: merchandise@monegrosdesertfestival.com

3. APPLICABILITY

3.1. These General Terms and Conditions apply to every offer made by the Entrepreneur and to every Distance Contract that is realized between the Entrepreneur and the Consumer.

3.2. Before the Distance Contract is concluded, the text of these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before the agreement is concluded that the general conditions can be viewed by the Entrepreneur and they will be sent free of charge as soon as possible at the request of the Consumer.

3.3. If the Distance Contract is concluded electronically, by way of derogation from the previous paragraph and before the Distance Contract is concluded, the text of these General Terms and Conditions can be made available electronically to the Consumer in such a way that the Consumer can be stored on a Durable Data Carrier in a simple way. If this is not reasonably possible, before the Distance Contract is concluded, it will be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge at the request of the Consumer by electronic means or otherwise.

3.4. In the event that in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the Consumer may in the event of conflicting General Terms and Conditions always invoke the applicable the provision that is more favourable for him.

3.5. If one or more provisions in these General Terms and Conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain valid and the stipulation concerned will be replaced by a stipulation that the scope of the original approached as much as possible.

3.6. Situations that are not regulated in these General Terms and Conditions must be assessed ’in the spirit' of these General Terms and Conditions.

3.7. Lack of clarity about the explanation or content of one or more provisions of our conditions, should be explained ’in the spirit' of these General Terms and Conditions.

4. THE OFFER

4.1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.

4.2. The offer is without obligation. The Entrepreneur is entitled to change and adjust the offer.

4.3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. If the Entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the Entrepreneur.

4.4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

4.5. Images for products are a true reflection of the products offered. Entrepreneur cannot guarantee that the colours displayed exactly match the real colours of the products.

4.6. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of shipping;
- the manner in which the agreement will be concluded and which actions are necessary for this;
- whether or not to apply the Right to Withdrawal;
- the method of payment, delivery and execution of the agreement;
- the period for accepting the offer or the period within which the Entrepreneur guarantees the price;
- the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
- whether the agreement is archived after the conclusion and, if so, how this can be consulted for the Consumer;
- the way in which the Consumer, prior to the conclusion of the agreement, can check the data provided by him under the agreement and repair them if necessary;
- any other languages in which, in addition to Spanish, the agreement can be concluded;
- the codes of conduct to which the trader is subject and the way in which the Consumer can consult these codes of conduct electronically; and
- the minimum duration of the Distance Contract in case of an extended transaction.

5. THE CONTRACT

5.1. Subject to the provisions of Section 4, the agreement is concluded at the moment of acceptance by the Consumer of the offer and the fulfilment of the corresponding conditions.

5.2. If the Consumer has accepted the offer electronically, the Entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer can dissolve the agreement.

5.3. If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure secure web compilation. If the Consumer can pay electronically, the Entrepreneur will observe appropriate security measures.

5.4. The Entrepreneur can - within legal frameworks - inform whether the Consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible start of the Distance Contract. If the Entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.

5.5. With the product or service the Entrepreneur will send the following information in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable medium:

• the address of the Entrepreneur’s place of business to which he can be contacted;
• the conditions under which and the manner in which the Consumer can exercise the Right to Withdrawal, or a clear statement regarding the exclusion of the Right to Withdrawal;
• the information about guarantees and existing service after purchase;
• the information included in Section 4.3 of these conditions, unless the Entrepreneur has already provided this information to the Consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

5.6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

5.7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

6. RIGHT TO WITHDRAWAL

6.1. When purchasing products, the Consumer has the possibility to dissolve the agreement without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the Consumer or a representative appointed in advance by the Consumer and made known to the Entrepreneur.

6.2. During the Reflection Period, the Consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his Right to Withdrawal, he will return the product with all accessories and, if reasonably possible, in the original condition and packaging to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur.

6.3. If the Consumer wishes to make use of his Right to Withdrawal, he is obliged to make this known to the Entrepreneur within 14 days after receipt of the product. The Consumer must make this known by sending an email to merchandise@monegrosdesertfestival.com. After the Consumer has made it known that he wishes to make use of his Right to Withdrawal, the Consumer must return the product within 14 days. The Consumer must indicate that the delivered goods have been returned on time, for example by means of proof of shipping.

6.4. If the Consumer has not made it known that he wishes to make use of his Right to Withdrawal after the expiry of the Reflection Period, or has not returned the products to the Entrepreneur within the mentioned following 14 days, the purchase is a fact.

7. COSTS IN CASE OF WITHDRAWAL

7.1. If the Consumer makes use of his Right to Withdrawal, the costs of returning the product shall be borne by the Consumer.

7.2. If the Consumer has paid an amount for the products, the Entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation, provided that the product has already been received back by the webshop or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the Consumer unless the Consumer expressly authorizes another payment method.

7.3. In the event of damage to the product due to careless handling by the Consumer himself, the Consumer is liable for any loss of value of the product.

7.4. The Consumer cannot be held liable for the depreciation of the product if the Entrepreneur does not provide all legally required information about the Right to Withdrawal, this should be done before the conclusion of the purchase agreement.

8. EXCLUSION OF RIGHT OF WITHDRAWAL

8.1. The Entrepreneur can exclude the Right to Withdrawal of the Consumer as described in section 8.3. below.

8.2. The exclusion of the Right to Withdrawal only applies if the Entrepreneur has clearly indicated it in the offer, or at least in time for the conclusion of the agreement.

8.3. Exclusion of the Right to Withdrawal is only possible for the following products:

• (i) Products made following the Consumer's specifications which are not prefabricated and/or which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;
• (ii) Products that are clearly personal in nature;
• (iii) Products which, after delivery, are inseparably mixed with other products due to their nature;
• (iv) Products that spoil quickly or have a limited shelf life;
• (v) Products the price of which is subject to fluctuations in the financial market on which the Entrepreneur has no influence;
• (vi) Loose newspapers and magazines (with the exception of the termination of subscription to them);
• (vii) Audio and video recordings and computer software of which the Consumer has broken the seal.
• (viii) Hygienic products that cannot be returned for reasons of health protection or hygiene, where the seal or seal has been broken by the Consumer.

9. THE PRICE

9.1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.

9.2. Contrary to the previous paragraph, the Entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the Entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.

9.3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

9.4. Price increases from 3 months after the conclusion of the contract are only allowed if the Entrepreneur has stipulated this and:

• (i) they are the result of statutory regulations or stipulations; or
• (ii) the Consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

9.5. The prices mentioned in the offer of products or services include VAT.

9.6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the Entrepreneur is not obliged to deliver the product at the wrong price.

10. CONFORMITY AND GUARANTEE

10.1. The Entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the on the date of the conclusion of the agreement. existing legal provisions and/or government regulations. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.

10.2. A guarantee provided by the Entrepreneur, manufacturer or importer does not affect the legal rights and claims that the Consumer can assert against the Entrepreneur under the contract and/or applicable law.

10.3. Any defects or incorrectly delivered products must be reported to the Entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.

10.4. The warranty period of the Entrepreneur corresponds with the manufacturer's guarantee period. The Entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the Consumer, nor for any advice regarding the use or application of the products.

10.5. The guarantee does not apply if:

• (i) The Consumer has repaired and/or processed the delivered products himself or has them repaired and/or processed by third parties;
• (ii) The delivered products are exposed to abnormal conditions or are otherwise handled without care or are contrary to the instructions of the Entrepreneur and or on the packaging;
• (iii) The inadequacy in whole or in part is the result of regulations that the government has or will make regarding the nature or the quality of the materials used.

11. DELIVERY AND EXECUTION

11.1. The Entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

11.2. The place of delivery is the address that the Consumer has made known to the Entrepreneur.

11.3. With due observance of what is stated in Section 11.4, the Entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless the Consumer has agreed to a different delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer will receive notification no later than 30 days after he has placed the order. In that case, the Consumer has the right to terminate the contract without any costs. The Consumer is not entitled to compensation.

11.4. All delivery dates are indicative. The Consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the Consumer to compensation.

11.5. In case of dissolution in accordance with Section 11.3, the Entrepreneur will refund the amount that the Consumer has paid as soon as possible but no later than 14 days after dissolution.

11.6. If delivery of an ordered product proves to be impossible, the Entrepreneur will endeavour to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items Right to Withdrawal cannot be excluded. The costs of any return shipment are at the expense of the Entrepreneur.

11.7. The risk of damage and/or loss of products rests with the Entrepreneur up to the moment of delivery to the Consumer or a representative appointed in advance and made known to the trader, unless otherwise expressly agreed.

12. PAYMENT

12.1. Unless otherwise agreed, the amounts owed by the Consumer must be paid within 7 working days after the commencement of the Reflection Perido. In the event of an agreement to provide a service, this will period after the Consumer has received confirmation of the agreement.

12.2. The Consumer has the duty to report inaccuracies in provided or stated payment details to the Entrepreneur without delay.

12.3. In the event of default by the Consumer, the Entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the Consumer beforehand.

13. COMPLAINTS PROCEDURE

13.1. The Entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

13.2. Complaints or claims regarding the performance of the agreement must be submitted fully and clearly described to the Entrepreneur within a reasonable period of time, which shall in no case exceed 7 days, after the Consumer has discovered the defects.

13.3. Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.

13.4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute regulation.

13.5. A complaint does not suspend the obligations of the Entrepreneur, unless the Entrepreneur states otherwise in writing.

13.6. If a complaint is found to be well-founded by the Entrepreneur will replace or repair the product at its choice or the delivered products free of charge.

14. DISPUTE RESOLUTION PROCEDURE

14.1. ONLINE DISPUTE RESOLUTION PLATFORM

If you have not been able to resolve your complaint through the channels made available to you by the Employer (and in particular through merchandise@monegrosdesertfestival.com, in accordance with Article 14.1 of Regulation 524/2013 of 21 May 2013 on online dispute resolution in consumer matters, please be informed that you have the possibility to turn to an alternative dispute resolution entity in consumer matters accessible through the following address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

15. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions have been drawn up and must be read and interpreted in accordance with Spanish law.

The United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on 11 April 1980, does not apply

The courts and tribunals of the city of Bilbao shall have jurisdiction to settle any dispute between the Entrepreneur and the Consumer, without prejudice to the rights of the Consumer, who may bring his claim before the courts of his domicile.

16. ADDITIONAL OR DEVIATING PROVISIONS

Additional or different provisions of these General Terms and Conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner on a durable medium.