Terms and Conditions

Jacomina Elisabeth Kistemaker (hereinafter referred to as "Jacomina Sounds" or the "Seller") provides you with an online shopping service which enables you to purchase the items available in our online shop.

We now invite you to review the general conditions of sale (hereinafter referred to as the "GCS" or "General Conditions of Sale") which govern the conditions governing the use of this Website and the purchase or acquisition of products through the website www.jacominasounds.com (the "Website"). In this sense, the use of this Website constitutes, to the extent applicable to you, your acceptance of these general terms and conditions of sale. However, if you have any questions about them, you can contact our Customer Service Department.

These general conditions have been drawn up in accordance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce and Royal Legislative Decree 1/2007, of 16 November, approving the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws.

ARTICLE 1. GENERAL AND CONTACT INFORMATION

The ownership of this Website is held by Jacomina Elisabeth Kistemaker, a Spanish commercial entity, with NIE X-1264219-R and whose contact details are:

• Registered office: Subida a Couso nº50, Vilanova (Hio), 36945 Cangas de Morrazo
• Contact telephone number: 986 687 575
• Contact email: info@jacominasounds.com

ARTICLE 2. SUBJECT MATTER

The purpose of these GCS is, on the one hand, to inform potential buyers of the conditions and modalities under which the seller proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties within the framework of the sale of products by Jacomina Sounds to the customer (hereinafter referred to as the "Buyer"). These GCS shall apply, without restriction or reservation, to all sales of products that Jacomina Sounds offers through the Website.

Consequently, the fact of placing an order for products offered for sale on the www.Jacominasounds.com website implies full and complete acceptance by the Buyer of these GCS, knowledge of which is acknowledged by the Buyer prior to placing the order.

Jacomina Sounds reserves at all times the possibility of unilaterally modifying the present GCS. However, the GCS applicable to the Order will be those that the Purchaser has accepted at the time of placing the Order.

These GCS are supplemented by the general conditions of use of the Website and by the provisions of the Privacy Policy and the Cookies Policy.

ARTICLE 3 - FORMALISATION OF THE CONTRACT AND ORDERS

3.1 Tariffs

The price of sale, indicated in euros, of the products offered on the Web Page of Jacomina Sounds will be the price in force at the moment of realization of the order (hereinafter, "Order". Order is understood to be that which is described in point 3.4 of the present GCS). The price of sale of the products that appears on the Web Page may at any time be modified by Jacomina Sounds being the price that will apply to the purchase the one that appears on the screen at the moment of the realization of the Order. This price will be the one applicable within the framework of distance selling.

The price does not include shipping costs, which will be invoiced in addition to the price of the products purchased. The shipping costs will be indicated before the Buyer registers the Order. The different methods of delivery and shipment are set out in section 5.1 of the present GCS and will be recalled on the Website; the methods of shipment may at any time be modified by Jacomina Sounds. Therefore, Jacomina Sounds recommends to the purchasers to periodically consult the GCS appearing on the Website.

The prices will include Value Added Tax (VAT). Any change in the applicable rate will automatically affect the price of the products sold by Jacomina Sounds on the website.

3.2 Product characteristics

The Buyer may select one or more products from the different categories offered by Jacomina Sounds on the Website.

Without prejudice to the Orders placed by the Purchaser, Jacomina Sounds may at any time modify the range of products offered for sale on the Website, in particular as a result of restrictions linked to its suppliers.

In accordance with the applicable regulations, the Purchaser shall have the possibility, prior to the Order, of finding out on the Jacomina Sounds Website the fundamental characteristics of the products he/she wishes to purchase.

The products shall comply with the requirements of the Spanish legislation in force. Jacomina Sounds will not assume any responsibility in the event of non-compliance with the legislation of the country other than Spain where the product is to be delivered (e.g. in case of prohibition of the product, etc.). It is up to the Purchaser to verify with the local authorities of the country other than Spain where the products are to be delivered the applicable limits for the import and use of the products and services that he/she wishes to acquire.

For any queries regarding the products or for additional questions or requests for advice, the Buyer may contact the Jacomina Sounds team of Advisors by telephone at Customer Service on 986 687 575 from Spain.

3.3 Availability

The products shown on the website will be valid as long as they remain advertised on the website and, in any case, until the end of stock. In the case of products that are not in our warehouses, the validity of the offers presented by Jacomina Sounds will be subject to the availability of the products. At the time of placing the Order, the Order will provide the Buyer with information which, in principle, is available on the availability of the products. Given that this information comes directly from our suppliers, errors or modifications may exceptionally occur, the Buyer not having the real information until the moment of purchase.

In any case, in the event of total or partial unavailability of the products after the Order has been placed, the Purchaser will be informed by e-mail, as soon as possible, of the unavailability of the product and the total or partial cancellation of the Order.

In case of total cancellation of the Order:

• The Buyer's Order will be automatically cancelled and if payment has not been made, no charge will be made to the Buyer's bank account.
• The Customer Service of Jacomina Sounds will contact the Buyer to inform him of the cancellation of his Order and to offer him the possibility of renewing the Order, with the exception of the unavailable product.
• In the event that payment has already been made, the order may be cancelled as long as it has not left the premises of Jacomina Sounds, in which case the purchaser will be reimbursed the total amount of the order as soon as possible. In the event that the order has already been prepared, the buyer should refuse delivery and bear the shipping costs.
• The Customer Service of Jacomina Sounds will contact the Buyer to inform him of the cancellation of his Order and to offer him the possibility of renewing the Order.

In case of partial cancellation of the Order:

• The Buyer's Order will be validated and the full amount of the Order will be debited from the Buyer's bank account.
• Available products will be delivered to the Buyer.
• The Buyer shall be reimbursed the price of the ordered product which is not available, as soon as possible.

3.4 Ordering

The placing of an Order is equivalent to the acceptance of these GCS, the stipulations set out in the Legal Notice, as well as declaring that you have read and are aware of the Privacy Policy and the Cookies Policy, without prejudice to any special conditions that the Parties may agree.

The Buyer shall be given the opportunity to check the details of his Order and to correct any errors.

As soon as the Buyer confirms his Order by clicking on the "Place Order" icon (hereinafter the "Order"), he shall be deemed to have accepted with full knowledge of the contents and conditions of the Order in question and, in particular, these General Conditions of Sale, the fact that his Order implies for him an obligation to pay, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.

Once this phase has been validated and the order has been prepared, the Buyer may no longer cancel his Order. The sale shall be final (subject to the exercise by the Buyer of his right of withdrawal under the conditions provided for in article 6 of these General Conditions of Sale). The Order will be confirmed by Jacomina Sounds by sending an e-mail to the Purchaser (the "Order confirmation e-mail").

A second e-mail will be sent to the Buyer at the time of dispatch of his Order.

Jacomina Sounds recommends the Purchaser to keep these two e-mails. The Buyer is informed that the two aforementioned e-mails will be sent to the e-mail address provided for identification during the registration process, prior to the placing of the Order.

On the other hand, Jacomina Sounds assumes no responsibility in case of error in the introduction of the email address or non-receipt of the email of confirmation of the Order. In these cases the sale will be final, except in the case of cancellation of the Order by Jacomina Sounds, especially in the case of products without availability. However, the Purchaser will be able to exercise his right of withdrawal in the conditions foreseen in article 6 of the present General Conditions of Sale.

Once the Order amount has been collected, an email will be sent with your electronic invoice.

In accordance with the applicable regulations, Jacomina Sounds reserves the right to refuse or cancel for legitimate reasons any Order in which the number of products or the amount to be paid (for a single order or for several accumulated orders) or other elements manifest in a way that shows the development by the Buyer of an economic activity related to the products ordered or, in general, any abnormal Order in accordance with the case law applicable to the case.

Finally, Jacomina Sounds reserves the right to suspend or cancel the execution and/or delivery of an Order, regardless of its nature and degree of execution, in the event of non-payment or partial payment of the amounts owed by the Buyer, in the event of incidences in the payment or in the event of fraud, consummated or attempted, related to the use of the Jacomina Sounds Website, including fraud committed on the occasion of previous Orders.

ARTICLE 4 - PAYMENT

4.1 Means of payment - Bank cards

The means of payment through which you can buy on the website are bank card and bank transfer. The bank cards accepted on the Jacomina Sounds website are the following: Visa, MasterCard and American Express.

All bank card holders are subject to validation and authorisation checks by the card issuer. If the issuer of the purchaser's payment card refuses, or for any reason does not authorise payment in our favour, whether prior or subsequent to a payment, we shall not be liable for any delay or non-delivery.

4.2 Methods of payment

All Orders must be paid in Euros, including all mandatory taxes and duties. Any bank charges shall be borne by the Buyer (including in the event of reimbursement).

4.3 Security in payment transactions

In order to guarantee the security of payments made by bank card, the Purchaser must communicate to Jacomina Sounds the visual cryptogram (CVV) appearing on the back of the bank card used by the Purchaser.

As part of the fight against fraud on the Internet, the data relating to the Purchaser's Order may be communicated to third parties authorised by law or designated by Jacomina Sounds, for the sole purpose of verifying the Purchaser's identity, as well as the validity of the Order, the means of payment used and the planned delivery.

Once this check has been completed, Jacomina Sounds reserves the right to demand a photocopy of the Purchaser's identity document and/or any other data relating to the Purchaser's identity. The Buyer has rights conferred on him by the regulations on the protection of personal data as provided for in the Privacy Policy of the U-shop.

Jacomina Sounds uses a secure payment tool called "REDSYS". The security of the payment is based on the authentication of the Buyer and the confidentiality of all the data. To guarantee this security, the tool uses proven cryptographic techniques and complies with the requirements established in the different banking regulations applicable in Spain.

ARTICLE 5 - DELIVERY AND TAKE-OVER

5.1 General provisions

Products ordered by the Buyer in accordance with the provisions of these GCS may be delivered or collected, at the Buyer's choice, in the following manner:

At the address that the Buyer has indicated as the delivery address for the corresponding Order (hereinafter referred to as the "Delivery Address"). Jacomina Sounds only carries out deliveries in Spain including the Balearic Islands. Deliveries are also made to the Canary Islands and the countries of the European Union and Great Britain at an additional cost. No deliveries are made to Ceuta and Melilla. In that case, the Buyer or the addressee of the Order will receive the products through the company of transport chosen by Jacomina Sounds, having to sign an electronic acknowledgement of receipt. The aforementioned electronic acknowledgement of receipt will serve as proof of the delivery of the Order by Jacomina Sounds.

If the Purchaser of the Order is absent from the address provided at the time of delivery of the Orders, the carrier will attempt to redeliver the package on the next working day.

In the event that the recipient is absent a second time at the address provided during the purchase process, the buyer or the recipient of the Order will receive a notice of arrival, an email and/or SMS, informing them that their Order will be available for collection during the following 15 days at the headquarters of the corresponding transport company.

If within 15 days after the second unsuccessful delivery attempt, the package will be returned to Jacomina Sounds and the money refunded to the Buyer, by any means of payment, according to the choice of Jacomina Sounds, delivery and return costs previously deducted.

No complaint regarding delivery shall be accepted if the parcel is shown as delivered, for which purpose the carrier's computer system (identification) shall be reliable.

5.1.1 Shipping cost of the order

Orders for standard shipments in Peninsula will have a cost of twelve euros (12 €) including 21% VAT, although it may vary according to kg and cubic volume of the package. In case of orders outside the standard and/or shipments outside the Peninsula, the shipping cost will be determined at the time of the summary of the purchase.

5.2 Abnormalities, damage or damaged packages

5.2.1 General provisions

The Buyer, or the recipient of the Order, is recommended to check the external condition of the package and the products at the time of delivery.

In the event of anomaly relating to the package (damaged package, open package, etc.) or relating to the product(s) ordered (missing product(s), damaged product(s)), the Purchaser must imperatively follow the procedure which corresponds, among those described below (in articles 5.3.2 and 5.3.3.3 of the present General Conditions of Sale), to the state of the Order. Failure to comply with the appropriate procedure will exclude the possibility of recourse against the carrier and against Jacomina Sounds. In particular, the Buyer will not be able to demand any refund. The Purchaser, or the addressee of the Order, will also not be able to demand from Jacomina Sounds the replacement of the products ordered.

Likewise, the Purchaser or the addressee of the Order will have the possibility of calling the Customer Service of Jacomina Sounds to know the modalities for the return of the damaged product(s). The Purchaser will in this case be obliged to follow the procedure for the return of damaged products that would have been indicated to him by the Customer Service of Jacomina Sounds. Otherwise, the Purchaser will not be able to demand the reimbursement or the replacement of the products concerned.

5.2.2 Procedures to be followed in case of a damaged package

- In the event of an incident detected in the presence of the transport company:

- Clearly state the incident in detail on the delivery note, noting the damage on the delivery note. If the damage is not recorded at the time of delivery, Jacomina Sounds will be released from the obligation of replacement and exchange.

- To indicate what happened in the delivery to the Customer Service of Jacomina Sounds or to info@jacominak.sg-host.com, in a maximum term of 24h.

- In the event of incidents detected without the presence of the transport company:

- Communicate the anomaly to the Jacomina Sounds Customer Service Department by the following means:

E-mail: info@jacominasounds.com
Telephone: +34 986 687 575

The notification of incidents and the formulation of complaints must be made as soon as possible and, in any case, within 24 hours of delivery of the product.

5.2.3 Procedures to be followed in case of missing or damaged product

The Buyer must communicate the absence or degradation of the product to the Customer Service Department of Jacomina Sounds through the means specified in the previous section. The Service of Attention to the Client of Jacomina Sounds will be able to request any data relative to the identity of the Buyer or addressee of the Order and to proceed to as many verifications were necessary for the case.

5.3 Delivery deadlines

The delivery times begin to count from the sending of the e-mail of confirmation of the Order, except for payments with bank transfer that would begin to count from the reception of the transfer on the part of Jacomina Sounds and will be those that are communicated to the buyer before finalizing the purchase.

In the event that delivery times are exceeded for any reason other than force majeure, the Buyer shall have the option of cancelling his Order.

ARTICLE 6 - WITHDRAWAL RIGHTS AND WITHDRAWAL PERIODS

You have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 calendar days after the day on which you or a third party other than the carrier and indicated by you acquires the material possession of the goods. In order to exercise the right of withdrawal, you must notify us at info@jacominak.sg-host.com of your decision to withdraw from the contract. You may use the model withdrawal form below, although its use is not compulsory. To meet the withdrawal deadline, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.

6.1. Consequences of Withdrawal

In case of withdrawal on your part, you can replace the returned products with other products marketed by Jacomina Sounds or we will refund the payment received from you for the returned goods, except for the direct shipping costs.

In case of replacement of the returned products by other products marketed by Jacomina Sounds, the direct costs of shipping and return will be borne by the buyer.

The products must be returned to Jacomina Sounds in a state appropriate for their commercialisation (products in perfect condition, accompanied by their original packaging, accessories, leaflet, certificates, gifts, etc.).

The products must be accompanied by a copy of the invoice, it is the Buyer's responsibility to pack the products so that they arrive correctly at Jacomina Sounds' premises.

In the event that the Purchaser had benefited on the Website from an offer for purchase, by which he was entitled, under certain conditions, to one or more products offered in return for his Order, and that as a result of his exercise of the right of withdrawal he loses the right to this offer; the Purchaser must return, together with the products affected by the withdrawal, the product or products of offer that he had received in return for his Order so that Jacomina Sounds can take into consideration his request for withdrawal.

You must return or deliver the goods directly to us at the address provided by us, without undue delay and in any event not later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract to us. Returns of products after this period will not be accepted.

The return of the goods will be at the expense of the purchaser. Jacomina Sounds will not accept shipments by courier or parcel post.

In the event that the Purchaser does not effectively prove that he has insured the deposit of the product with the carrier or at the establishment, the risks associated with the return of the product shall be borne by the Purchaser.

Once the returned products have been received at the Jacomina Sounds facilities, and it has been checked that they are in perfect condition and have not deteriorated due to misuse, the refund of payment will be made without undue delay and, in any case, no later than 30 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement and you will not incur any costs as a result of the reimbursement.

You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

6.2. Products excluded from the right of withdrawal

The right of withdrawal shall not apply to contracts relating to:

a) The following instruments cannot be returned: Handpan/Pantam, Monochords, Drums and Tamburas.
(b) the supply of goods made to the specifications of the consumer and user or clearly personalised.
(c) the supply of goods that are likely to deteriorate or expire rapidly.
(d) the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
(e) the supply of sealed audio or video recordings or sealed software which has been unsealed by the consumer and user after delivery.

Also excluded are products that have been modified, repaired, integrated or added by the Buyer. And if the returned products have been damaged during the return transport or as a result of misuse.

6.3. Model withdrawal form

• For the attention of the Customer Service Dept.
• I/We hereby inform you that I/we withdraw from our contract of sale of the following good (name of the product)
• Ordered on/received on (date of order)
• Order number
• Name(s) of the consumer(s) and user(s)
• Domicile of the consumer and user or consumers and users
• Signature of the consumer and user or consumers and users
• Date

ARTICLE 8 - SIGNATURE AND PROOF

Jacomina Sounds works to protect the personal data of its customers by guaranteeing a high level of security; however, the Buyer must also participate in the protection of his personal data. In particular, the Buyer must maintain the security of his online transactions, for example by not communicating his identifier (email address of the Buyer) and/or his password to anyone, and by regularly changing his password. In this respect, Jacomina Sounds assumes no responsibility for the disclosure of data relating to the Buyer to any person who makes use of the Buyer's identifier (the Buyer's e-mail address) and/or the Buyer's password.

In this respect, the use of the Purchaser's identifier (the Purchaser's e-mail address) and/or the Purchaser's password shall be proof of the Purchaser's identity and of the enforceability, at the time of validation of the Order, of the corresponding amounts.

Jacomina Sounds does not assume, in any case, any responsibility for the fraudulent use of these data. The communication of the bank card number and the definitive validation of the Order will serve as proof of the acceptance of the aforementioned Order and of the enforceability of the amounts committed for the reservation of the products appearing in the Order. The computer records, kept in the computer systems of Jacomina Sounds and its partners, shall be considered as proof of the communications, Orders and payments made between the Parties.

ARTICLE 9 - CUSTOMER SERVICE / MEDIATION SERVICE

For any additional information, queries regarding the status of an Order or a return, or complaints regarding an Order, you can contact Jacomina Sounds Customer Service by telephone on 986 687 575 during the opening hours indicated under "Contact" on the Website or by sending an email to the address tienda@jacominak.sg-host.com.

ARTICLE 10 - LIABILITY

10.1 Capacity

Prior to placing his Order, the Buyer declares that he has full legal capacity to be bound by these General Conditions of Sale. Consequently, in the event that a person who does not have legal capacity places an Order for articles on the Jacomina Sounds Website, the person's legal guardians (in particular, parents or guardians) shall assume full responsibility for the said Order and, in particular, shall pay the price of the same.

10.2 Limitation of liability

The responsibility of Jacomina Sounds for the obligations established in the present General Conditions of Sale cannot be demanded when the non-fulfilment of these obligations is attributable to the actions of third parties, even when these actions were foreseeable, to the fault of the Buyer or to the occurrence of a circumstance of force majeure, as defined in the applicable jurisdiction, or to any other circumstances that are reasonably beyond the exclusive control of Jacomina Sounds. The information available on the Web Site is provided without warranty of any kind, either express or implied, as to the completeness, accuracy, timeliness, non-infringement, availability, reliability or completeness of the data, products, accessories or services appearing on the Jacomina Sounds Web Site or as to their suitability for the Buyer's intended use. JACOMINA SOUNDS DECLINES ALL RESPONSIBILITY FOR DAMAGES, DIRECT OR INDIRECT, FORESEEABLE OR NOT, SUFFERED AS A RESULT OF THE USE OF THE WEBSITE. IN THE EVENT THAT THE LIABILITY OF JACOMINA SOUNDS IS ESTABLISHED FOR DAMAGES SUFFERED BY THE PURCHASER ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF THE ORDER, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE ORDER THAT THE PURCHASER HAS PAID TO JACOMINA SOUNDS.

ARTICLE 11 - PROTECTION OF PERSONAL DATA

In order to process the Order, Jacomina Sounds will collect the Buyer's personal data. The Buyer is hereby informed that the Data Controller is Jacomina Sounds and that his/her data will be processed in accordance with the provisions of Organic Law 3/2018 of 5 December, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of 27 April 2016 (RGPD) on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and therefore we inform you that your data will be processed for the main purpose of maintaining and managing the contractual relationship with the Purchaser. We also inform you that you have the right to access, rectify and delete your data, as well as other detailed rights as detailed in the Privacy policy.

ARTICLE 12 - MISCELLANEOUS

12.1 Partial invalidity

Should one or more of the provisions of these GCS be deemed invalid or declared invalid by application of any law, regulation or as a result of a final decision of a competent authority, the remaining provisions shall remain in full force and effect.

12.2 Exclusion of waiver

The failure of either Party to exercise its rights in the event of a breach by the other Party of any of its obligations under these GCS shall not be construed as a waiver of any future breach of the obligation in question.

12.3 Applicable law and competent jurisdiction

These General Conditions are governed by the legislation of the Spanish State. The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the domicile of Jacomina Sounds.

12.4 Validity

The GCS shall apply for the entire period during which the products offered by Jacomina Sounds remain online. In any case, the provisions of "Article 10. Liability" shall remain in force after the termination of the GTC.

TERMS AND CONDITIONS REVIEW DATE: July 2021