Purchase Conditions
GENERAL TERMS AND CONDITIONS OF PURCHASE
These General Terms and Conditions of Purchase apply to the purchase of products that SONY MUSIC ENTERTAINMENT ESPAÑA, S.L. (“Sony Music”) markets through the Sony Music Store online shop, which is hosted at the URL https://store.sonymusic.es/ and any computer application that may be developed in the future (jointly referred to as, the “Website” or “Sony Music Store”) to any user (“User”).
Sony Music’s identification and contact details are as follows:
Registered address: Paseo de la Castellana, 202, 7ª planta, 28046 Madrid Tax Identification Number (C.I.F.): B-28054054 Telephone: (+34) 913880002
The purchase of products offered through Sony Music Store entails the acceptance of the terms and conditions provided in these General Terms and Conditions of Purchase; therefore, before accepting them, please read their content carefully.
By ticking the box “I agree to the terms and conditions of sale” on the purchase form, the User accepts and undertakes to comply with these General Terms and Conditions. If the User does not accept these General Terms and Conditions, the purchase of the products will not proceed and, consequently, will not entail the assumption of any obligation or liability on the part of Sony Music.
By placing a purchase order through the Sony Music Store, the User declares to be a natural person, to be over 18 years of age, and to have legal capacity to contract for the products on the Website.
Sony Music reserves the right to modify the content and/or scope of the General Terms and Conditions of Purchase at any time, without prior communication or notice. Therefore, please read their content carefully as it is the User's responsibility to review the General Terms and Conditions of Purchase before purchasing any product from the Sony Music Store.
GENERAL TERMS AND CONDITIONS OF CONTRACTING
1. Purpose of the contract.
2. Acceptance of the general terms and conditions of contracting.
3. Purchase process.
4. Price and payment.
5. Delivery, exchanges and returns.
6. Warranties.
7. Comments, Suggestions, Complaints and Claims
8. Assignment and waiver of rights
9. Language
10. Applicable law and jurisdiction.
1. PURPOSE OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship of sale and purchase established between Sony Music and the USER at the moment the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale and purchase entails the delivery, in exchange for a specific price publicly displayed through the website, of a specific product or service.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF CONTRACTING
Placing an order with Sony Music will imply the User's unreserved acceptance of these General Terms and Conditions of Contracting, unless a particular stipulation has been formally made in writing. No stipulation made by the User may differ from those of Sony Music if it has not been expressly accepted in advance and in writing by Sony Music.
The User will be subject to the policies and Conditions in force at the time of registration and/or placing an order in the Sony Music Store, unless by law or decision of governmental bodies we must make retroactive changes to said policies or Conditions, in which case, possible changes will also affect orders you had previously placed.
These Conditions and any document expressly referred to in them constitute the entire agreement existing between the User and Sony Music in relation to their object and supersede any other pact, agreement, or promise previously agreed between the User and Sony Music verbally or in writing.
If any of these Conditions or any provision of a contract is declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
3. PURCHASE PROCESS
User Registration
To begin the purchase process for Sony Music Store products, the User must register in the “Register” section of the Website and create a user account. At that moment, the User must freely and voluntarily provide the personal data requested, which will be processed in accordance with the provisions of Sony Music Store's Privacy Policy.
The User will select a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to inform Sony Music of their loss or theft or of possible unauthorized access by a third party, so that Sony Music can proceed to block them immediately. Sony Music is not responsible for damages caused by misuse or loss of the password.
Once the user account has been created, for subsequent purchase processes, it will only be necessary to provide the email address and password in the “My Account” section.
The Shopping Cart and Order Confirmation
1. The items desired for purchase must be selected and added to the shopping cart by clicking on the corresponding icon.
2. The shopping cart will contain the reference of the selected item, its name, size, chosen color, and price (taxes included). The price shown does not include shipping costs, which will vary depending on the shipping address.
3. To make a purchase, the User must log in. The User will be able to access, at all times, the personal data provided and the information of the orders placed. The User, if expressly requested by them, will receive personalized commercial communications by email.
4. Before placing the order, the User will be presented with an order summary identifying the product(s) added to the shopping cart and their total price (taxes included). If the User wishes to finalize the purchase, they must click on "Complete Purchase" and then the platform will ask them to enter the shipping address, at which point the shipping costs for the order will be calculated and these will appear on the right side of the screen.
5. Next, the User will be asked to choose the payment method.
6. If everything is correct and the User agrees with each of the detailed concepts and the shipping details of the order, they must confirm the purchase by clicking on "Confirm Order". During the purchase process and before clicking on "Confirm Order", the order details can be modified.
7. Once the order has been placed, an automatic email message will be sent to the address provided by the User to acknowledge receipt of the order with a description of it (the "Order Confirmation"). Non-receipt of this message may be due to a temporary network communications problem or a typing error in the email address provided. In both cases, we recommend the User contact Customer Service (sonymusicstorespain@sonymusic.com) or use the form on the contact page.
Furthermore, the Order Confirmation will be available to the User in the “My Account” section. From this section, the User can also download the order invoice. For any questions or requests regarding billing, you can contact our Customer Service department through the contact page enabled for this purpose on the Website, specifying "Invoice" in the subject line.
4. PRICE AND PAYMENT
Payment and Value Added Tax (VAT).
The prices of Sony Music Store products are in euros (EUR) and include VAT. For deliveries made in the Canary Islands, Ceuta, and Melilla, the corresponding taxes and duties will apply in accordance with the regulations in force in each of these territories.
Shipping costs are not included in the price of the products listed in the SMF Store and are borne by the User. These shipping costs will be added to the total amount of the selected products, so the User can consult them at all times in the shopping cart before confirming the order and completing the purchase process.
Notice: We reserve the right to change the price of products and to change, limit or discontinue any special offer, promotion or discount on products at any time, although any changes will not affect orders for which an Order Confirmation has already been sent to the User.
Invoicing
The User expressly authorizes Sony Music to issue the invoice in electronic format, although they may indicate at any time their wish to receive a paper invoice, in which case we will issue and send the invoice in that format.
Payment Methods
Sony Music offers 2 ways to make payment for an order:
1. Credit card: no discounts or charges will apply. The User must include their debit/credit card number (Visa, Visa Electron, and Mastercard), as well as any other additional information required during the purchase process. The charge will be made once it is accepted by the User's financial institution, as otherwise, the purchase cannot be completed.
2. PayPal: no discounts or charges will apply.
The User must bear in mind that, by making the payment, they are verifying that the credit card or PayPal account belongs to them. Sony Music informs the User that, in order to reduce the risk of unauthorized access, their credit card data will be encrypted. Likewise, credit cards will be subject to checks and authorizations by the issuing entity; however, if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Ownership of the products is acquired upon full payment for the purchased items, including shipping costs, or failing that, at the time of delivery if it occurs after payment (as stipulated in section 5 below).
5. DELIVERY
Once Sony Music has verified that the purchase process has been completed correctly and that the order has been paid in full, it will proceed to deliver the products to the address indicated by the User during the purchase process, during normal business hours and within the deadlines provided in the Sony Music Store which, in no case, will be later than thirty (30) calendar days following the User's acceptance of their order, with the exception of product pre-sales which will be delivered from the date announced on the product sheet.
The products offered in the Sony Music Store are only available for shipment within Spanish territory.
Shipments of merchandise will usually be made by COURIER (SEUR, CORREOS, UPS, etc.), depending on the destination designated by the User and the time of delivery.
The exact transport price will be calculated when the User includes the delivery address in the purchase form and will then appear itemized in the summary of the order request.
Delivery dates or deadlines will be understood as approximate, and delay will not constitute a material breach. Should Sony Music fail to deliver the merchandise within 30 calendar days from the agreed delivery date, the User will be entitled to cancel the order and receive a refund of the total amount paid at no cost, without incurring any liability for damages attributable to Sony Music. In the case of Pre-sales, the 30 calendar days will begin to count from the start date of deliveries stipulated on the product page.
The delivery period is usually between 24 and 48 business hours in mainland Spain and the Balearic Islands, and between 48 and 72 business hours in the Canary Islands, Ceuta, and Melilla, depending on the destination town and the chosen payment method. This period is understood always provided that the availability of the merchandise has been confirmed and that full payment of the order has been verified. Products for which a personalization service has been contracted will require a longer delivery period than indicated, and this period will be communicated when the personalization request is made.
Sony Music will not assume any responsibility if the product delivery cannot be made due to the data provided by the User being erroneous, false, inaccurate or incomplete.
Delivery shall be considered completed at the moment the carrier has made the products available to the User and the User, or their delegated representative, has signed the delivery receipt document. The risk of the products (including, but not limited to, loss, damage or theft) shall pass to the User from the moment they have been made available.
In the event that we are unable to deliver an order, it will be returned to our warehouse. Customer service will contact the User to arrange a new delivery. If between 2 and 3 delivery attempts are made without the order being delivered due to a cause not attributable to us, it will be understood that the User wishes to terminate the contract. The termination of the contract will entail the refund of the payments received, with the exception of delivery costs, within a maximum period of 15 business days from when the contract is considered terminated. The costs of returning the order may entail an additional cost, which we will be authorized to pass on to the User.
Deliveries are not made on Saturdays, Sundays, or holidays.
If, upon opening the packages with the products, the User notices that they are damaged due to transport, are incorrect, or that products are missing, they must notify us through the contact form or in writing to the following email address: sonymusicstorespain@sonymusic.com 24 hours after delivery, so that Sony Music can take appropriate action.
All orders are subject to product availability. A refund of the amounts paid will be made if any product is out of stock or if there are any difficulties in its supply.
6. EXCHANGES AND RETURNS
Right of withdrawal
The User has the right to withdraw from the purchase and return the acquired product(s) (except for the products described in clause 6.2 below), without needing to provide any justification, within a period of thirty (30) calendar days, counted from the date of receipt of the product.
Conditions for exchanges and/or returns
Returns cannot be applied in the following cases:
1. If the product is not in perfect condition.
2. If the product's packaging is not original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
3. Used or damaged products. For hygiene reasons, sealed products, such as underwear and bathroom items that do not retain their label or protective device, cannot be returned.
4. When they are personalized products or those that, for hygiene reasons or other legally foreseen exceptions, are not subject to this right.
5. When they are music products from which the security seals or their wrapping have been removed.
Sony Music may claim the amount of the product from the User if it shows signs of use or if it is not in the same condition as when it was delivered.
To exercise the right of withdrawal, the User must contact our customer service through the contact form so that they can receive instructions for making the return by email and can send the product to be returned along with the instructions, documents, and packaging to the following address: ICP LOGÍSTICA. C/Camino de la Vega, 1 CP 19160 Chiloeches (Guadalajara)
You can find more details on how to make a return on our shipping and returns page.
Refunds
After examining the item, we will inform the User whether they are entitled to a refund of the amounts paid. The refund will be made within 14 days of notifying the user of the return confirmation. However, we may withhold the refund until we have received the goods. The refund will be made using the same payment method that the User used to pay for the purchase. In case of doubt, the User can contact us through the contact form or by writing to sonymusicstorespain@sonymusic.com.
If the User wishes to return any product from their order within thirty (30) calendar days from receipt, all payments received after the purchase will be refunded, including the costs of the initial shipment (with the exception of additional costs resulting from their choice of a delivery method other than the least expensive ordinary delivery method we offer). The User must pay for the shipping costs corresponding to the shipment of the product, regardless of its origin, including the Canary Islands or Balearic Islands, among other territories.
Once the right of withdrawal has been correctly exercised and, in any case, within a maximum period of fourteen (14) calendar days from confirmation of the refund of the amount, the issued invoice will be paid. We will proceed to make said refund using the same payment method used by the User for the initial transaction. Notwithstanding the foregoing, we may withhold the refund until we have received the goods. The USER will be responsible for any decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Return of defective products
In cases where the User considers that at the time of delivery the product does not conform to what is stipulated in the contract, they must contact us as soon as possible through our contact form, providing the product details and the damage it suffers, or by writing to info@smfstore.com, where we will indicate how to proceed. The product may be returned by handing it to a courier that we will send to your home when requesting collection. We will carefully examine the returned product and will inform you by e-mail within a reasonable period whether a refund or replacement is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within fourteen (14) days following the date on which we send you an email confirming that a refund or replacement of the non-conforming item is appropriate. The amounts paid for those products that are returned due to a defect, when it genuinely exists, will be fully refunded, including the costs of the initial shipment incurred to deliver the item to you and the costs you incurred to return it to us. The refund will be made using the same payment method that was used to pay for the purchase.
7. WARRANTIES
All products have a two-year warranty period, in accordance with current legislation.
The warranty for the products offered will comply with the following articles based on Law 23/2003 of July 10 on Guarantees in the Sale of Consumer Goods:
1. I) Conformity of products with the contract
Unless proven otherwise, products will be understood to conform to the contract provided they meet all the following requirements, unless due to the circumstances of the case, any of them are not applicable:
1. They conform to the description made by Sony Music.
2. They are fit for the purposes for which products of the same type are ordinarily intended.
3. They show the quality and performance that are normal for a product of the same type that the User can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by Sony Music.
4. Sony Music describes the details, technical characteristics, and photographs of the products provided by their manufacturer, so it is not bound by these public statements.
Non-conformity resulting from incorrect installation of the product will be equated to non-conformity of the product when the installation is included in the sales contract and has been carried out by Sony Music or under its responsibility, or by the User when the defective installation is due to an error in the installation instructions.
Liability for lack of conformity that the User knew or could not have ignored at the time of concluding the contract, or that originates from materials supplied by the User, will not apply.
1. II) Sony Music's Responsibility
Sony Music will be liable to the User for any lack of conformity that exists at the time of delivery of the product. Sony Music recognizes the User's right to repair the product, its replacement, a price reduction, and termination of the contract.
1. III) Repair and Replacement of Products
If the product does not conform to the contract, the User may choose to demand repair or replacement, unless one of these options is impossible or disproportionate. From the moment the User communicates the chosen option to Sony Music, both parties must abide by it.
This decision of the User is without prejudice to the provisions of section IV) below for cases where repair or replacement fail to bring the product into conformity with the contract.
Any form of redress that imposes costs on Sony Music that, compared to the other form of redress, are unreasonable will be considered disproportionate, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative form of redress could be carried out without major inconvenience for the User.
1. IV) Rules for Repair or Replacement of the Product
Repair and replacement will adhere to the following rules:
1. They will be free of charge for the User. This gratuity will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
2. They will be carried out within a reasonable period and without major inconvenience for the user, taking into account the nature of the products and their purpose for the User.
3. Repair suspends the calculation of the periods referred to in section VII). The suspension period will begin when the User makes the product available to Sony Music and will end with the delivery of the repaired product to the User. For six months after the delivery of the repaired product, Sony Music will be responsible for any lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested reappear in the product.
4. Replacement suspends the periods referred to in section VII) from the exercise of the option until the delivery of the new product. The second paragraph of section VII) will apply to the replacement product in any case.
5. If, after repair and delivery of the product, it still does not conform to the contract, the User may demand its replacement, within the limits established in section IV b), or a price reduction or termination of the contract under the terms of section V).
6. If replacement fails to bring the product into conformity with the contract, the User may demand its repair, within the limits established in section IV b), or a price reduction or termination of the contract under the terms of sections V and VI.
7. The User may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
1. V) Price Reduction and Contract Termination
Price reduction and contract termination will proceed, at the User's discretion, when the User cannot demand repair or replacement of the product and in cases where these have not been carried out within a reasonable period or without major inconvenience for the User. Termination will not proceed when the lack of conformity is of minor importance.
1. VI) Criteria for Price Reduction
The price reduction will be proportional to the difference between the value the product would have had at the time of delivery if it had conformed to the contract and the value the product actually delivered had at the time of delivery.
1. VII) Time Limits Sony Music is responsible for any lack of conformity that becomes apparent within a period of two years from delivery.
Unless proven otherwise, any lack of conformity that becomes apparent within six months after delivery will be presumed to have existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
Unless proven otherwise, delivery is understood to have occurred on the date appearing on the invoice or purchase label, or on the corresponding delivery note if it is later.
The action to claim compliance with the provisions of the preceding articles expires three years from the delivery of the product.
The USER must inform Sony Music of the lack of conformity within two months of becoming aware of it.
Unless proven otherwise, the USER's communication will be understood to have taken place within the established period.
1. VIII) Action Against the Producer
When it is impossible or excessively burdensome for the USER to address Sony Music due to a lack of conformity of the products with the sales contract, they may claim directly from the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the producer's liability ceasing, under the same terms and conditions as those established for Sony Music, the producer will be responsible for the lack of conformity when it refers to the origin, identity, or suitability of the products, in accordance with their nature and purpose and with the regulations that govern them.
A producer is understood to be the manufacturer of a product or its importer into the territory of the European Union or any person who presents themselves as such by indicating their name, brand, or other distinctive sign on the product.
Whoever has responded to the USER will have a period of one year to claim against the party responsible for the lack of conformity. This period is counted from the moment the remedy was completed.
8. COMMENTS, SUGGESTIONS, COMPLAINTS, AND CLAIMS
Any comment, suggestion, complaint, or claim that the USER deems appropriate will be attended to as soon as possible, and can be made through the contact form available on Sony Music Store or through the email address: sonymusicstorespain@sonymusic.com
Online Dispute Resolution: In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the User and Sony Music, without the need to resort to the courts of justice, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
Physical complaint forms are available to the consumer and can be accessed and collected at Paseo de la Castellana, 202, 7th floor, 28046 Madrid.
9. ASSIGNMENT AND WAIVER OF RIGHTS
The User may not transmit, assign, or transfer a contract or any of the rights or obligations derived from it without having previously obtained the written consent of Sony Music.
No waiver by Sony Music of a specific right of action derived from this contract will imply a waiver of other rights or actions unless expressly communicated in writing.
10. LANGUAGE
The General Purchase Conditions are written in Spanish.
11. APPLICABLE LAW AND JURISDICTION
The General Purchase Conditions will be governed and interpreted in accordance with Spanish law.
In the event of any conflict or discrepancy in the interpretation and/or application of the General Conditions, the competent Courts will be those established by the applicable regulations regarding the competent jurisdiction for consumers and users.