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GENERAL TERMS AND CONDITIONS OF SALE

1. Identifying data of the owner

These general terms and conditions of sale comprehensively regulate all sales transactions that can be offered, loaned or carried out from the online store located on the website https://mendeku.com/ owned by Eduard Alonso Fabuel (hereinafter Mendeku Diskak), with Tax Identification Number or Code No. 20441009N, registered office at C / Maria Aurizenea Pasealekua 30, 20809 Aia (Gipuzcoa).

These terms and conditions may be modified by Mendeku Diskak at any time, the user being informed of the existence of any new version of these that contains substantial changes.

2. The user

Access, navigation and use of the Website, confers the condition of user, so that, from the beginning of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, are accepted, without prejudice to the application of the corresponding mandatory legal regulations depending on the case.

The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:

Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
Do not make any false or fraudulent purchase.
Provide truthful and lawful contact information, for example, email address, postal address and / or other information.

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed mainly at Users residing in Spain. Mendeku Diskak does not ensure that the Website complies with the laws of other countries, either totally or partially.

3. Applicability of the general conditions

These conditions apply to all quotes, offers, activities, agreements and deliveries of products by or on behalf of Mendeku Diskak. Deviation from these conditions is only possible if the parties have so explicitly agreed in writing.

4. Purpose

These conditions will regulate the use of the website https://mendeku.com/ that Mendeku Diskak makes available to its users and customers. The purchase at https://mendeku.com/ can be made from Spain, including the entire Spanish territory. The products that Mendeku Diskak sells through its website are mainly:

Edition and sale of musical supports.

These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on services of the information society and electronic commerce, Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, all of them mandatory legal provisions.

Mendeku Diskak may modify them without prior notice, so it recommends a periodic consultation of them, even more so when you are ready to make effective use of your online store located on the web https://mendeku.com/. However, Mendeku Diskak is always committed to keeping them up to date, publishing the latest version and allowing their access and printing at any time.

5. Conditions of access and purchase

Access to the Mendeku Diskak Portal is free and attributes the status of User to whoever performs it, regardless of the subsequent use of the services offered.

The purchase will be allowed without the need for prior registration, and in any case the form must be completed in order to identify the buyer and the delivery address.

The acquisition of the products at https://mendeku.com/ can only be made by users over eighteen (18) years old, who must follow the steps and instructions that will accompany the entire purchase process, consistent, by way of illustration:

(i) Completion of the registration form or the one for identifying previously registered users;

(ii) On-screen display of the order summary, delivery conditions and shipping costs – where applicable -;

(iii) Acceptance of purchase conditions, which implies the reading, understanding and irrevocable acceptance of each and every one of these General Conditions, as well as, where appropriate, the existing Particular Conditions and

(iv) immediate receipt of a summary email in the account used in the registration or – failing that – in the shortest possible time and always before the next twenty-four hours.

The acquisition of products at https://mendeku.com/ for their subsequent distribution or resale is not allowed, either in public establishments or carried out in the domestic sphere. Mendeku Diskak will regulate and authorize the necessary permits if at any time it consents, for which it will reliably notify said authorization to the authorized agent.

 

6. Orders

No valid order can be made without expressly accepting, through the boxes provided for these purposes, the terms and conditions and the privacy policy of Mendeku Diskak.

All orders will be considered purchase offers subject to these terms and conditions. Mendeku Diskak reserves the right to accept them if the requirements set forth therein are not met.

Once an order is placed, the system automatically generates a receipt of the order. However, this confirmation does not imply the automatic acceptance of the order, since Mendeku Diskak reserves the right to collect additional information, related to identity and address, to guarantee both a correct delivery of the order, and to ensure the absence of related fraud. with transactions.

Orders can be made 365 days a year, at any time, except at times when the service is suspended for maintenance or other commercial circumstances and / or force majeure.

Any order is subject to product availability. In the event that it is not possible to deliver an order due to supply problems or due to insufficient stock, the user will have the option of waiting until the product is available or canceling the order.

7. Delivery

Delivery will be deemed to have occurred at the time the user or a third party indicated by him acquires material possession of the products.

The delivery time for the order will vary according to the selected shipping method and will be indicated on the website once the order confirmation is obtained, in any case it will not exceed 30 days from the order confirmation date. In the event that the delivery date cannot be met, we will inform the user of this circumstance and will be offered the option to proceed with the purchase by setting a new delivery date or the possibility of canceling the order obtaining a full refund of the price paid.

If the recipient is absent at the time of delivery, a notice will be left so that he can collect the shipment at the place and within the time limits indicated. After the period has elapsed without the collection taking place, the shipment will be returned to Mendeku Diskak.

8. Price and payment

It is understood that the price of each product is what will appear on the website at the time of placing each order. The user must pay the marked price, including applicable taxes, together with shipping costs, which will be added to the final price to be paid.

Prices can be modified by Mendeku Diskak at any time and without prior notice without affecting already confirmed orders. However, even confirmed Mendeku Diskak will not be obliged to fulfill orders when the price is incorrect, especially when the error is manifest and easily recognizable.

The accepted means of payment are:

Payment by PayPal.

Direct Bank Transfer: ES25 3035 0029 63 0290106136 | LABORAL KUTXA | BIC / SWIFT: CLPEES2MXXX

Mendeku Diskak reserves the right to change the payment methods, being able to create new ones or eliminate any of the existing ones, without the user / client of https://mendeku.com/ being able to make claims for this reason. However, if the change in the payment method affects an order that has already been placed, from https://mendeku.com/ we will contact the client to inform them of said change, offering them the option of canceling the order if deemed convenient. .

Payments with PayPal are made directly on the PayPal website, following the conditions of use established by PayPal. In the case of not paying the order within one hour, Mendeku Diskak will consider the order canceled.

9. Right of withdrawal

The User has the right to withdraw from the contract concluded through https://mendeku.com/ within a period of 14 calendar days without the need for justification.

The withdrawal period will expire 14 calendar days from the day on which the User or a third party indicated by him, other than the carrier, has acquired material possession of the goods.

To exercise the right of withdrawal, the User must notify Mendeku Diskak of his decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). The User may use the model withdrawal form that is included at the end of these conditions, although its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication regarding the exercise by the User of this right is sent before the corresponding period expires.

In case of withdrawal, Mendeku Diskak will return all payments received from the User, including delivery costs (with the exception of additional costs resulting from the User’s choice of a delivery method other than the less expensive mode of ordinary delivery. offered) without any undue delay and, in any case, no later than 14 calendar days from the date on which the User informs Mendeku Diskak of his decision to withdraw from the contract. Mendeku Diskak will proceed to make said reimbursement using the same means of payment used by the User for the initial transaction, unless the User has expressly provided otherwise; In any case, the User will not incur any expense as a result of the refund. Mendeku Diskak may withhold the refund until the goods have been received, or until the User has submitted proof of their return, depending on which condition is met first.

The User must return or deliver the goods directly to Mendeku Diskak, without any undue delay and, in any case, no later than 14 calendar days from the date on which they communicate their decision to withdraw from the contract in the Mendeku Diskak address indicated at the beginning of these Conditions. The term will be considered fulfilled if the User returns the goods before said term has expired. The User must bear the direct cost of returning the goods.

The User will only be responsible for the decrease in value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

It is specified in this document that any Products not sealed after delivery or that may be returned for sanitary reasons or health protection purposes, will not be subject to withdrawal (including, but not limited to, any Care Products for beauty if its lid or closure is removed).

The right of withdrawal will not be applicable to contracts that refer to:

The supply of goods whose price depends on fluctuations in the financial market that Mendeku Diskak cannot control
The supply of goods made according to the specifications of the consumer and user or clearly personalized.
The supply of goods that may deteriorate or expire quickly.
The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
The supply of goods that after delivery and taking into account their nature have been inseparably mixed with other goods.
The supply of alcoholic beverages whose price has been agreed at the time of entering into the sale contract and that cannot be delivered within 30 days, and whose real value depends on market fluctuations that Mendeku Diskak cannot control.
The contracts in which the consumer and user have specifically requested Mendeku Diskak to visit them to carry out urgent repair or maintenance operations.
The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal.

10. Warranty

In accordance with the General Law for the Defense of Consumers and Users and other complementary laws, Mendeku Diskak offers a replacement guarantee, price reduction or refund of the product amount on all its products. If you have to make a warranty claim, please contact us through the means of contact provided above.

This warranty does not cover possible breakage or wear caused by use. The consumer and user must inform the seller of the lack of conformity within two months from when he became aware of it.

Commercial guarantee

The products sold are also covered by a commercial guarantee to ensure their conformity and to ensure the refund of the purchase price, the replacement or the repair of the goods. It does not cover defects caused by abnormal or improper use or by a cause unrelated to the intrinsic qualities of the products.

11. Customer Service

Mendeku Diskak has a customer service so that the User can manage their claims, doubts, or can request guarantees and execute the right of withdrawal.

The User can direct their complaints, claims or requests for information to the Mendeku Diskak Customer Service, using any of the following ways:

– Sending an email to mendekudiskak@gmail.com

All doubts and especially complaints and suggestions will be attended to as quickly as possible, without exceeding in any case the deadlines established by current legislation.

Likewise, you will have proof of them by delivering a written receipt, on paper or on any other durable medium.

12. Protection of personal data

Eduardo Alonso Fabuel, is the Responsible for the processing of the User’s personal data and informs him that these data will be treated in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of the digital rights and Regulation (EU) 2016/679 of April 27, 2016 (RGPD) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, for which it is provides the following treatment information:

End of treatment:

Maintain a business relationship with the User.
Data collected:

The personal data collected on this site are the following:

Account opening: when creating the user’s account, their name, surname, telephone number, postal address,
Login: when the user connects to the website, they register, in particular, their surname, first name, access data, usage data, location and payment data.
Profile: using the services provided on the website allows you to enter a profile, which can include an address and a telephone number.
Payment: as part of the payment of the products and services offered on the website, the financial data related to the user’s bank account or credit card are recorded.
Communication: when the website is used to communicate with other members, data regarding user communications is temporarily stored.
Cookies: Cookies are used when using the site. The user has the possibility of deactivating cookies from their browser settings.

Use of personal data

The purpose of the personal data collected from users is to make the services of the website available to them, improve them and maintain a safe environment. More specifically, the uses are as follows:

access and use of the website by the user;
management of the operation and optimization of the website;
organization of the conditions of use of the Payment Services;
verification, identification and authentication of the data transmitted by the user;
Proposal to the user of the possibility of communicating with other users of the website;
implementation of user assistance;
personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences;
fraud prevention and detection, management of malware (malicious software) and security incidents;
management of possible conflicts with users;
sending commercial and advertising information, according to user preferences.

Sharing personal data with third parties

Personal data can be shared with third parties in the following cases:

When the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial entities with which it has entered into contracts;
when the user posts publicly accessible information in the free comment areas of the website;
when the user authorizes a third party’s website to access their data;
when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, in the context of the provision of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
if required by law, the website may transmit data to file claims against the website and comply with administrative and judicial procedures;

Security and confidentiality

The website applies organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and that the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by directing their request to the following address C / Maria Aurizenea Pasealekua 30, 20809 Aia (Gipuzcoa) or to the email mendekudiskak @ gmail. com.

Right to withdraw consent at any time.
Right of access, rectification, portability and deletion of your data and the limitation or opposition to its treatment.
Right to file a claim with the control authority (agpd.es) if you consider that the treatment does not comply with current regulations.

13. Language of the contract

These general conditions of sale are written in Spanish. In the event that they are translated into one or more foreign languages, the Spanish text will prevail in case of dispute.

14. Applicable law

These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile.