TERMS AND CONDITIONS OF THE WEB SHOP

These Regulations define the general conditions, rules and manner of sales conducted by Adrián Molina Saura running his business under the name Adrián Molina Music in Valencia (46007), by means of the online store and lessons bookings adrianmolinamusic.com (hereinafter referred to as: "Online Store") and determines the terms and conditions under which Adrián Molina Saura conducting business activity with its registered seat in Valencia (46007), to provide services free of charge by electronic means.

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§ 1. DEFINITIONS

1) Business Days - means the days of the week from Monday to Friday excluding public holidays.

2) Delivery - means the actual act of delivering to the Client by the Seller, through the intermediary of the Supplier, the Goods specified in the order.

Ordered Digital Content which is not recorded on a tangible material medium, are delivered to the Client by means of electronic e-mail, to the address provided by the Client when placing the order.

3) Supplier - shall mean the entity with which the Seller cooperates within the scope of Delivery of the Goods:

a) courier company.

4) Client - shall mean the entity to whom, in accordance with the Terms and Conditions and legal regulations may be provided by electronic means or with whom the Agreement may be concluded.

5) Consumer - means a natural person making a legal transaction with the trader which is not directly connected with his/her economic or professional activity.

6) Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by the law, conducting business or professional in its own name and making a legal transaction directly related to its business or professional activities.

7) Entrepreneur with the rights of the Consumer - means a natural person entering into a Sales Agreement directly related to his/her business, where the content of the Sales Agreement shows that it is not of a professional nature for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.

8) The Terms and Conditions - means these terms of service.

9) Seller - means Adrián Molina Saura conducting business under the name Adrián Molina Music with registered office in Valencia (46007), Identification Number: 23059632Q; e-mail: molina.saura.adrian@gmail.com, which is also the owner of the Online Store.

10) Shop Website - shall mean the website under which the Seller runs the Internet Shop, operating in the domain adrianmolinamusic.com.

11) Goods - shall mean the product presented by the Seller via the Store's website. 12th Digital Content - shall mean the data concerning the product presented by the Seller via the Store's website.

12) Digital Product - means the data produced and delivered in digital form.

13) Permanent Carrier - means a material or tool that allows the Client or the Seller to store information addressed personally to him in a manner that allows access to information in the future for a period of time appropriate to the purposes of such information and that allows the reproduction of stored information in an unchanged form.

14) Contract - means a distance contract, on the terms set out in the Terms and Conditions, between the Client and the Seller.

 

§ 2 GENERAL CLASS TERMS & CONDITIONS
These terms and conditions apply to everybody equally and without exception, in order to respect and maintain a friendly and fair experience for all.

1. Make sure you read all the information.

2. The lessons are 45 minutes long, in English or Spanish, and with a flexible schedule.

3. Choose one of the lesson packs below. Each pack has a duration of four weeks (28 days) during which time you can take the lessons included. If you don’t use the lessons during the four week period, the pack will expire and you will lose any remaining lessons. Lessons can be spaced at even intervals throughout the four weeks, or taken closely together, subject to schedule availability.

• 8 lessons over 4 weeks (ideally 2 per week) = 225€ (28,125€/lesson).

• 4 lessons over 4 weeks (ideally 1 per week) = 120€ (30€/lesson).

• 2 lessons over 4 weeks (ideally 1 every two weeks) = 65€ (32,5€/lesson).

4. Contact me to check availability and schedule your lessons in advance. 

5. Pay in advance to book your lessons, not on the day you start. Payment can be made by bank transfer (preferred) or PayPal.

6. I will send you my account details or PayPal address after we schedule the lessons.

7. I will also send you a link to access your lessons.

8. The 4-week period begins on the day of the first scheduled lesson. Once this date is agreed, the 4-week period cannot be extended, even if you postpone the first class. 

9.During the 4-week period you can reschedule lessons, according to scheduling availability. However, if you cancel a lesson 24 hours or less before the scheduled class, it cannot be refunded and you will lose the lesson.

 

§ 3 GENERAL PROVISIONS AND USE OF THE ONLINE STORE

1) All rights to the Online Store, including copyright, intellectual property rights to its name, its domain, the Store's Website, as well as to patterns, forms, logotypes placed on the Store's Website belong to the Seller, and their use can be performed only in the manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.

2) The purchase of an original work of art does not entitle to use it for commercial, promotional or any other purposes. If you wish to purchase a license, please contact the Seller.

3) Third Seller will make every effort to ensure that the use of the Online Store is possible for Internet users with all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements for using the Store's Website are a web browser with at least Internet Explorer 11 or Chrome 89 or FireFox 86 or Opera 53 or Safari 5 or later, with Javascript enabled, accepting cookies, and an Internet connection with a bandwidth of at least 256 kbit/s. The Store's website is optimised for a minimum screen resolution of 1024x768 pixels.

4) The Seller uses a mechanism of "cookies" files, which are stored by the Seller's server on the hard drive of the Client's end device while using the Store's Website. The use of cookies is aimed at proper operation of the Store's Website on Clients' end devices. This mechanism does not damage the Client's terminal equipment and does not cause any configuration changes in the Client's terminal equipment or in the software installed on such equipment. Each Client can disable the "cookies" mechanism in the web browser of their end device. The Seller points out that disabling cookies may, however, cause difficulties or make it impossible to use the Shop's Website.

5) In order to place an order at the Online Store via the Store's Website and in order to use the services provided electronically by means of the Online Store Website, it is necessary for the Client to have an active e-mail account.

6) It is prohibited to provide unlawful content and use by the Client of the Online Store, Store's Website or free services provided by the Seller, contrary to the law, morality or violating the personal interests of third parties.

7) Seller declares that the public nature of the Internet and use of services provided electronically may be associated with the risk of obtaining and modifying the Clients data by unauthorized persons, so Clients should use appropriate technical measures to minimize the aforementioned risks. In particular, they should use anti-virus and identity protection software for Internet use. The Seller will never ask the Client to provide him with a Password in any form.

8) The Seller will never ask the Client to provide any data by e-mail, including payment card.

9) It is not permissible to use the resources and functions of the Online Store for the purpose of conducting business by the Client that would infringe the interests of the Seller, such as advertising activities of another entrepreneur or product; activities involving the placement of content unrelated to the activities of the Seller; activities involving the placement of false or misleading content.

 

§ 4 ORDERS

1) First The information contained on the Store's Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Clients to submit offers to conclude a Contract.

2) The Client can place orders at the Online Store via the Store's Website 7 days a week, 24 hours a day.

3) The Client placing an order via the Store's Website, completes the order by selecting the Goods or Digital Product that he or she is interested in. The Goods or Digital Product are added to the order by choosing the "PURCHASE" option under the given Goods or Digital Product presented on the Store's Website. The Client, after completing the entire order and indicating in the "CART" the payment method, and in relation to the Goods - also the Delivery method, places the order by sending the order form to the Seller, selecting the "BUY AND PAY" button on the Store's Website. Each time before sending the order to the Seller, the Client is informed about the total price for the chosen Goods and Delivery or Digital Product, as well as about all additional costs he is obliged to pay in connection with the Contract.

4) Where the subject of the Contract is Digital Product, the Client, before submitting the order, may consent to the supply of the Digital Product before the expiry of the withdrawal period by ticking the appropriate box on the order form.

5) Placing an order constitutes an offer by the Client to the Seller to conclude the Contract.

6) After placing an order, the Seller will send a confirmation of the order to the e-mail address provided by the Client. Information about the confirmation of order placement is a statement by the Seller that the offer referred to above has been accepted, and at the moment of its receipt by the Client the Agreement is concluded.

7) After concluding the Agreement, the Seller confirms the terms of the Agreement to the Client by sending them on a Permanent Carrier to the e-mail address of the Client, indicated when placing an order.

 

§ 5 PAYMENTS

1) The prices on the Store's Website are gross prices and do not include information on Delivery costs and any other costs to be borne by the Client in connection with the Contract, of which the Client will be informed when placing the order.

2) The Client may choose the following form of payment for the ordered Goods by payment card via Wix.com platform. Wix.com provides  with the online platform that allows  to sell  products and services.

All direct payment gateways offered by Wix.com and used by Adrián Molina adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by Adrián Molina store and its service providers.

3) The Client may choose the following forms of payment for the ordered Goods:

(a) bank transfer via the PayPal external payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with headquarters in Luxembourg (in this case, order processing will begin after the Seller has sent the Client a confirmation of order acceptance and after the Seller receives information from PayPal that the Client has made the payment);

b) by payment card via PayPal external payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, the order processing will be initiated after the Seller has sent the Client a confirmation of order acceptance and after the Seller has received information from PayPal that the payment has been made by the Client).

4) The Client should make payment for the order in the amount resulting from the concluded Agreement within 7 calendar days.

 

§ 6 DELIVERY

1) The Seller performs Deliveries all over the world.

If the Delivery address of the Goods is a country outside the European Union, the total value of the order does not include any fees or taxes that might be required by the government of the country where the Client resides or is based. The Client may be obliged to pay, in particular: local fees or taxes in accordance with its local law.

2) The Seller is obliged to deliver the Goods / Digital Product that are the subject of the Contract without defects.

After the purchase of a Digital Product, a download link is sent. The link expires 30 days after purchase. If the Client clicks on the expired link, he/she will receive a new link to the email address used for the first purchase.

3) The Seller publishes on the Store's website information about the number of working days needed for the Delivery and processing of the order.

4) Delivery and processing time indicated on the Store's Website is counted in Business Days in accordance with §4. 2 of the Terms and Conditions.

5) Ordered Goods are delivered to the Client via the Supplier to the address indicated in the order form.

6) On the day of dispatch of the Goods to the Client, information confirming the dispatch by the Seller shall be transmitted to the Client's e-mail address.

7) Ordered Digital Product that is not stored on a tangible medium is delivered to the Client via email to the address specified by the Client when placing the order.

8) The Seller sends, via e-mail, to the e-mail address provided by the Client while placing a one-time order, a sales receipt covering the delivered Goods. The proof of sale is delivered via e-mail in the form of an electronic file in JPEG or PDF format. In order to open the PDF file, the Client should have free software compatible with the PDF format. The Seller recommends Adobe Acrobat Reader for this purpose, which can be downloaded free of charge at http://www.adobe.com.

 

§ 7 WARRANTY AND COMPLAINTS

1) The Seller shall ensure Delivery of Goods free from physical and legal defects. The Seller shall be responsible to the Client if the Goods have a physical or legal defect (warranty).

2) If the Goods have a defect, the Customer can:

 a) make a declaration to reduce the price or withdraw from the Agreement, unless the Seller shall immediately and without undue inconvenience for the Client replace the defective Goods with Goods free from defects or remove the defect.

 This restriction shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to fulfil the obligation to replace the Goods with goods free from defects or remove defects. Instead of the removal of defects proposed by the Seller, the Client may demand replacement of the Goods for Goods free from defects or, instead of replacement of the Goods, demand removal of defects, unless bringing the Goods into conformity with the agreement in the way selected by the Client is impossible or requires excessive costs in comparison with the method proposed by the Seller. In the assessment of the excessive costs, the value of the Goods free from defects, type and significance of the identified defect shall be taken into account, as well as inconvenience to which the Client would be exposed in another way of satisfaction.

b) demand to replace the defective Goods with Goods free from defects or remove the defect. The Seller shall be obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without undue inconvenience for the Client.

The Seller may refuse to satisfy the Client's request if bringing the defective Goods into conformity with the Agreement in a way selected by the Client is impossible or in comparison with the other possible ways of bringing them into conformity with the Agreement would require excessive costs. The costs of repair or replacement shall be borne by the Seller.

3) Any complaints related to the Goods or realization of the Contract, the Client can address in writing to the address of the Seller or to the e-mail address: molina.saura.adrian@gmail.com

4) The Seller shall, within 14 days of the request containing the complaint, respond to the complaint of the Goods or complaint related to the performance of the Contract submitted by the Client.

5) The Client may submit a complaint to the Seller in connection with the implementation of the Agreement, the object of which is to provide Digital Product. A complaint may be made, for example, in electronic form and sent to the address molina.saura.adrian@gmail.com. The Client should include a description of the problem in the complaint. The Seller will immediately, but no later than within 14 days, consider the complaint and provide the Client with an answer.

6) The Client can submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint can be submitted in electronic form and sent to molina.saura.adrian@gmail.com. The Client should include a description of the problem in the complaint. The Seller immediately, but no later than within 14 days, considers the complaint and gives the Client a response.

 7) The Seller does not use out-of-court dispute resolution, as referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.

 

§ 8 WITHDRAWAL FROM THE REMOTE AGREEMENT

1) A Consumer and Entrepreneur with the rights of a Consumer who has concluded a Remote Contract may, within 14 days, withdraw from it without giving any reason.

2) The period for withdrawal from the Agreement shall begin:

a) for the Agreement in the performance of which the Seller delivers Goods being obliged to transfer their ownership - from taking possession of the Goods by the Consumer Entrepreneur with rights of the Consumer or a third party indicated by him other than the Supplier;

b) for other Agreements - from the date of conclusion of the Agreement.

3) The Consumer and Entrepreneur with Consumer rights may withdraw from the Agreement by submitting statement of withdrawal to the Seller. This declaration may be submitted, for example, in writing to the address of the Seller, ie: Adrián Molina (if necessary contact the Seller for the full adress), or by e-mail to the Seller's address, i.e.: molina.saura.adrian@gmail.com. The statement may be submitted on a form, a specimen of which has been placed by the Seller on the Website of the Store at the following address: Withdrawal Form. Sending the declaration before its expiry shall be sufficient to meet the deadline.

4) In the event of cancellation, the Contract shall be considered not concluded.

5) If the Consumer or Entrepreneur with the rights of the Consumer has made a statement of withdrawal from the Contract before the Seller accepted his offer, the offer ceases to be binding.

6) The Seller is obliged to immediately, no later than 14 days from the date of receipt of statement of withdrawal from the Consumer or Entrepreneur with rights of the Consumer, to return to him all payments made by him.

7) In the case where the subject of the Contract is the sale of Goods, the Seller may withhold the reimbursement of payments received from the Consumer or Entrepreneur with the rights of the Consumer until the moment when the Goods are returned to the Seller or the Entrepreneur with the Consumer's rights provides with evidence of having sent back the Goods, whichever occurs first.

8) If the Consumer or Entrepreneur with consumer rights exercising the right of withdrawal has chosen a method of Delivery of the Goods other than the cheapest ordinary way of Delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with consumer rights the additional costs incurred by him.

9) The Consumer and Entrepreneur with the rights of the Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date of withdrawal from the Agreement. To meet the deadline it is enough to send back the Goods to the address of the Seller before the expiry of this period.

10) In the case of withdrawal the Customer who is a Consumer or Entrepreneur with the rights of the Consumer shall bear only direct costs of return.

11) If, due to its nature of the Goods can not be sent back in the normal way by post, the Seller shall inform the Consumer and Entrepreneur with the rights of the Consumer about the cost of returning the item on the Website of the Shop.

12) Consumer and Entrepreneur with rights of the Consumer shall be liable for diminished value of the Goods resulting from the use of it beyond the manner necessary to ascertain the nature, characteristics and functioning of the Goods.

13) The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur with the rights of the Consumer, unless the Consumer or Entrepreneur with the rights of the Consumer expressly agreed to another way of return, which does not involve any costs for him.

14) The right of withdrawal of Contract does not apply to the Consumer and Entrepreneur with consumer rights with respect to contracts in which the Goods is a non-reproduced item, produced to the specifications of the Consumer, Entrepreneur with consumer rights or to meet his individual needs.

15) The right of withdrawal does not apply to the Consumer and Entrepreneur with Consumer rights with respect to contracts for the supply of Digital Product which is not recorded on a tangible medium, if the provision of services has begun with the express consent of the Consumer or Entrepreneur with Consumer rights before the expiry of the deadline for withdrawal from the contract and after being informed by the Seller of the loss of the right of withdrawal of Contract.

 

 

§ 9 FREE OF CHARGE SERVICES

1) The Seller provides free of charge electronic services to the Clients:

 a) Newsletter;

 b) Contact form.

2) The services indicated in §8 point 1 above are provided 7 days a week, 24 hours a day.

3) The Seller reserves the right to choose and change the type, form, time and manner of access to the selected services, about which will inform the Clients in the manner appropriate for the amendment of the Terms and Conditions.

4) Contact Form service is to send a message to the Seller using the form on the website.

5) Resignation from the service free of charge Contact Form, is possible at any time and consists in stopping sending questions to the Seller.

6) The Newsletter service can be used by any Client who enters their e-mail address, using the registration form provided by the Seller on the Store's website. After submitting a completed registration form, the Client will immediately receive an activation link via email to the email address indicated in the registration form in order to confirm subscription to the Newsletter. Upon activation of the link by the Client, the Newsletter service agreement shall be entered into electronically.

7) Newsletter service consists of sending by the Seller to the e-mail address, an electronic message containing information about new events, services or products. The Newsletter is sent by the Seller to all Clients who subscribed to it.

8) Each Newsletter addressed to the Customer data contains in particular: information about the sender, filled in "subject" field, defining the content of the message and information on the possibility and manner of resignation from the free Newsletter service.

9) The Client may at any time unsubscribe from the Newsletter by unsubscribing via a link in each email sent under the Newsletter service.

 

§ 10 PROTECTION OF PERSONAL DATA

1. The principles of personal data protection are described in the Privacy Policy.

 

§ 11 TERMINATION OF AN AGREEMENT FOR THE PROVISION OF FREE SERVICES BY ELECTRONIC MEANS

1) Both the Client and the Seller may terminate the contract for free services by electronic means at any time and without giving reasons, subject to maintaining the rights acquired by the other party before termination of the above contract and the provisions below.

2) A Client who has made the Registration terminates the agreement for the provision of free services by electronic means, by sending to the Seller an appropriate statement of intent, using any means of remote communication, allowing the Seller to read the statement of intent of the Client.

3) The Seller terminates the agreement for the provision of free services by electronic means by sending to the Client an appropriate statement of intent to the e-mail address provided by the Client during Registration.

 

§ 12 FINAL PROVISIONS

1) The Seller is responsible for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients who are Entrepreneurs, the Seller is responsible only in the case of intentional damage and within the limits of losses actually incurred by the Customer who is an Entrepreneur.

2) The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the website of the Store.

3) In the event of a dispute on the basis of the Agreement, the parties will seek to resolve the matter amicably. The law applicable to resolve any disputes arising under these Terms and Conditions is Spanish law.

4) The Seller informs the Client who is a Consumer of the possibility to use out-of-court procedures for handling complaints and investigating claims. The rules of access to these procedures are available at the registered offices or websites of entities authorized to out-of-court dispute resolution. They may be in particular consumer ombudsmen or Provincial Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.

The Seller informs that at the address http://ec.europa.eu/consumers/odr/ available is a platform for online dispute resolution between consumers and businesses at EU level (ODR platform).

5) The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for execution before the date of entry into force of the new Terms and Conditions are implemented on the basis of the Terms and Conditions, which were in force on the date of order placement by the Client. The change of the Terms and Conditions comes into force within 7 days from the date of their publication on the Store's website. The Seller will inform the Client 7 days before the new Terms and Conditions come into force about the change of the Terms and Conditions by an e-mail message containing a link to the text of the changed Terms and Conditions. If the Client does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of the Terms and Conditions.

6) Contracts with the Seller are concluded in English.

 7) The Terms and Conditions come into force on 07.10.2022.