Terms and conditions

Introduction

This document sets out the general terms and conditions for purchasing products (the “Terms”) through the ToneDistrict website, owned by PROMINTRA S.L., trading as ToneDistrict (the “Seller”). The Seller’s contact details also appear in this website’s Legal Notice, available in the footer.

These Terms will remain available on the website so that the Customer can copy and save them as confirmation of the contract. PROMINTRA S.L. may amend them at any time. The Customer is responsible for reading them regularly, as the version in force when the order is placed will apply. PROMINTRA S.L. will retain the electronic document recording the purchase and make it available to the Customer on request.

Contracts do not require any particular formalities, except in cases expressly specified in the Spanish Civil and Commercial Codes, in these Terms or in other applicable laws.

By accepting this document, the Customer confirms that they:

• Have read and understood its contents.
• Have sufficient legal capacity to enter into a contract.
• Accept all the obligations set out here.

These Terms will remain valid indefinitely and will apply to all contracts entered into through the Seller’s website.

The Seller confirms that it is responsible for its business activities and is aware of the laws in force in the countries to which it ships products. The Seller reserves the right to amend these Terms unilaterally, without affecting goods or promotions purchased before the amendment.

Identity of the contracting parties

The seller of the products purchased by the Customer is PROMINTRA S.L. (the “Seller”), whose registered address is c/ Pont de les Quinze Arcades 7, local 7 - 08750 Molins de Rei (Barcelona) - Spain, tax identification number B08192189.
Phone: (+34) 93.680.30.30

The buyer (the “Customer”) provides their details during the purchase process and is responsible for the accuracy of the personal information supplied to the Seller. A user account is not required to place an order on this website.

Purpose of the contract

This contract governs the contractual sale and purchase relationship between the Seller and the Customer, which arises when the Customer selects the relevant acceptance checkbox during the online purchase process.

The sale and purchase relationship involves delivery of a specific product in exchange for a stated price publicly displayed on the website.

Correcting information

If the Customer identifies errors in information published on the website or in documents generated as part of the contractual relationship, they may report them to marc@tonedistrict.eu so that PROMINTRA S.L. can correct them as soon as possible.

The Customer may request an update or correction to their order details by writing to the same email address and quoting the order reference.

Contracting procedure

To purchase the products or services offered by the Seller, the Customer must be an adult or a legally emancipated minor and must freely and voluntarily provide the personal information requested during the purchase process. This information will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR), on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and Spanish Organic Law 3/2018 of 5 December (LOPDGDD) on personal data protection, as detailed in this website’s Legal Notice and Privacy Policy, available in the footer.

Purchases are made using the buyer’s details, without requiring the creation of a username and password.

As required by Article 27 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure covers the following:

1. General contract terms.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Complaints and alternative dispute resolution.
5. Force majeure.
6. Contractual rights.
7. General offer terms.
8. Prices and validity of offers.
9. Shipping costs.
10. Payment methods, charges and discounts.
11. Purchase process.
12. Severability, suspension and termination of the contract.
13. Legal guarantees and returns.
14. Applicable law and jurisdiction.

1. General contract terms

Unless otherwise agreed in writing, placing an order with the Seller constitutes the Customer’s acceptance of these legal terms. No terms proposed by the Customer may differ from the Seller’s terms unless the Seller has expressly accepted them in advance and in writing.

2. Shipping and delivery of orders

The Seller will not dispatch an order until it has verified that payment has been made.

Goods are sent with insurance, normally by UPS or FedEx, through the Mail Boxes Etc. office in Molins de Rei. The carrier is chosen according to availability and the delivery arrangements for the destination selected by the Customer.

The order will be dispatched once the availability of the goods has been confirmed and payment has been verified.

Delivery will take between 2 and 6 working days, depending on the destination and the payment method selected. The expected dispatch and delivery dates will be provided before the order is confirmed.

Inability to fulfil a distance contract

If the contract cannot be fulfilled because the product or service ordered is not available within the expected period, the Customer will be informed of the unavailability and of their right to cancel the order and receive a full refund at no cost. This will not in itself give rise to any liability on the Seller’s part for loss or damage.

If the Seller unjustifiably delays refunding the full amount, the Customer may claim payment of twice the amount owed, without affecting their right to compensation for any loss or damage exceeding that amount.

The Seller will not be liable if the product or service cannot be delivered because the information supplied by the Customer is false, inaccurate or incomplete.

Delivery will be considered complete when the carrier has made the products available to the Customer and the Customer, or their authorised representative, has signed the delivery receipt.

The Seller is liable to the Customer for any lack of conformity that exists when the order is delivered. The Customer may, by a simple statement, require the Seller to remedy the lack of conformity, reduce the price or terminate the contract. In any of these cases, the Customer may also claim compensation for loss or damage, where applicable.

The Customer is entitled to withhold payment of any outstanding part of the purchase price until the Seller has fulfilled its obligations under this contract.

The Customer is responsible for checking the products on receipt and recording any justified reservations or complaints on the delivery receipt.

If the contract does not involve physical delivery of a product but instead activates a download on a website, the Seller will inform the Customer in advance of the procedure to follow to download it.

3. Right of withdrawal

The Customer has fourteen calendar days from receipt of the product, or from the conclusion of the contract in the case of a service, to exercise the right of withdrawal under Article 102 of Spanish Royal Legislative Decree 1/2007 of 16 November, approving the consolidated General Law for the Protection of Consumers and Users and other supplementary laws (“RDL 1/2007”).

If the Seller fails to provide the required information and documentation about the right of withdrawal, the withdrawal period will end twelve months after the original withdrawal period would have expired, in accordance with Article 105 of RDL 1/2007.

The right of withdrawal does not apply to the contracts listed in Article 103 of RDL 1/2007.

To exercise the right of withdrawal or notify the Seller of a return, the Customer may email marc@tonedistrict.eu, stating their decision and the relevant invoice or order number. The Seller will provide instructions and a return number.

If the product is not returned in its original delivery packaging, the Seller may charge the Customer the direct costs of returning the product, informing them in advance through the same communication channel.

Once the Customer has received the return number, they must send the product to the Seller at PROMINTRA S.L., c/ Pont de les Quinze Arcades 7, local 7 - 08750 Molins de Rei (Barcelona) - Spain, quoting that number in the shipping documentation and paying the shipping costs.

4. Complaints and alternative dispute resolution

Any complaint the Customer wishes to make will be dealt with as soon as possible and may be submitted using the following contact details:

• By post: PROMINTRA S.L.
• Address: c/ Pont de les Quinze Arcades 7, local 7 - 08750 Molins de Rei (Barcelona) - Spain.
• Phone: (+34) 93.680.30.30
• Email: marc@tonedistrict.eu.

Information about alternative dispute resolution bodies for consumer disputes is available on the European Commission’s portal.

5. Force majeure

Neither party will be liable for any failure caused by force majeure. Performance of the obligation will be deferred until the force majeure event has ended.

6. Contractual rights

The Customer may not assign, transfer or pass on the rights, responsibilities and obligations agreed as part of the sale.

If any provision of these Terms is found to be invalid or impossible to perform, the validity, legality and enforceability of the remaining provisions will not be affected or altered in any way.

The Customer declares that they have read, understood and accepted these Terms in full.

7. General offer terms

All sales and deliveries made by the Seller are subject to these Terms.

No amendment, variation or agreement that conflicts with PROMINTRA S.L.’s commercial proposal or these Terms will have effect unless expressly agreed in writing and signed by the Seller. In that case, the specific written agreement will take precedence.

8. Prices and validity of offers

For consumer deliveries within the EU VAT area, the displayed product prices include the applicable Value Added Tax (VAT) and insured delivery. Destinations outside this area and special territories requiring individual review are subject to a separate quotation as explained below.

The displayed VAT-inclusive price corresponds to the delivery destination detected or selected on the website. The Customer can change the proposed destination at any time. Changing the destination updates the VAT-inclusive price while keeping the same underlying price before VAT, subject to rounding to the nearest cent. Insured delivery within the EU VAT area is included in that price, and the total is confirmed before payment. Destinations requiring an individual quotation, including special tax territories, are identified as such; the final product price and delivery cost are confirmed in that quotation, subject to the import charges described below.

The applicable prices are those published on the website and are expressed in euros. The Customer accepts that the prices of some products may change in real time.

Before purchasing, the Customer can check all the details of the quotation online: items, quantities, prices, availability, shipping costs, charges, discounts, taxes and the purchase total. Prices may change daily until the order is placed.

Once the order has been placed, the prices will remain unchanged, whether or not the products are available.

Every payment made to the Seller will result in an invoice being issued in the Customer’s name or in the business name provided when the order was placed. PROMINTRA S.L. prepares the invoice using its own invoicing software and sends a paper copy with the product purchased. The Customer may request a PDF copy by emailing marc@tonedistrict.eu. To receive invoices by email, the Customer must request this through any of the contact methods made available by the Seller. The Customer may withdraw that choice at any time.

For information about an order, the Customer may contact the Seller’s customer service team:
Phone: (+34) 93.680.30.30
Email: marc@tonedistrict.eu.

9. Shipping costs

Insured delivery is included in the published product price for deliveries within the EU VAT area. There is no separate outbound delivery charge for these destinations.

Deliveries outside the EU VAT area, including the United States and the United Kingdom, and special territories requiring individual review are subject to a quotation. The delivery cost, availability and expected delivery time are confirmed before ordering. The published product prices do not include delivery to these destinations.

For deliveries outside the EU VAT area, import taxes, customs duties and clearance charges imposed at the destination are the Customer’s responsibility. They are not included in the website price or delivery quotation unless expressly stated otherwise.

All shipments are insured and arranged through the Mail Boxes Etc. office in Molins de Rei, normally using UPS or FedEx according to availability and the arrangements for each delivery.

10. Payment methods, charges and discounts

The Seller is responsible for financial transactions and offers the following method of paying for an order:

• Bank transfer, subject to prior confirmation with the Seller.

The Customer may use a discount code before completing the purchase if this feature is enabled and the Seller has provided them with a code.

The Seller may enable additional payment systems such as Stripe, bank cards or other electronic methods. The available options will be shown before payment is confirmed.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, secure data-entry pages, firewalls, access control procedures and cryptographic mechanisms, to prevent unauthorised access to data. For these purposes, the Customer agrees that the Seller may obtain data to carry out the relevant access control authentication.

The Seller undertakes not to allow any transaction considered unlawful by card schemes or the acquiring bank and which damages or could damage their reputation or otherwise affect them adversely.

Card scheme rules prohibit the sale or offering of any product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.

11. Purchase process

Any available product in our catalogue can be added to the basket. The basket shows the items, quantities, prices and total amount. Applicable taxes, charges and discounts will be confirmed during the purchase process using the payment and delivery information provided.

To process an order and prepare the invoice, the Seller requires the Customer’s tax identification number or equivalent identity document number before payment.

A basket does not create any binding administrative commitment. It is simply a place to prepare an estimated quotation without committing either party.

When online purchasing is enabled, an order can be placed from the basket by completing the following steps:

1. Check the billing details.
2. Check the delivery address.
3. Select the payment method.
4. Place the order (purchase).

Once the order has been processed and payment confirmed, the system sends an email to the Seller’s order management department and another to the Customer confirming the order.

If a test payment process is displayed, it is a simulation and no real purchase is made.

Orders (purchase requests)

Before the order is confirmed, information will be provided about its status and the expected dispatch and/or delivery date.

12. Severability, suspension and termination of the contract

If any of these Terms is found to be unlawful, invalid or unenforceable for any reason, that provision will be treated as separate and will not affect the validity or enforceability of any remaining provisions.

The Seller may, without prior notice, suspend or terminate the Customer’s access to all or part of its services if the Customer fails to comply with the obligations in this contract or with any applicable law, licence, regulation, directive, code of practice or policy.

When the Seller exercises any right or power under this clause, doing so will not prejudice or affect the exercise of any other right, power or remedy available to the Seller.

13. Legal guarantees and returns

Legal guarantees are governed by the title on “Guarantees and after-sales services” in Spanish Royal Legislative Decree 1/2007 of 16 November, approving the consolidated General Law for the Protection of Consumers and Users and other supplementary laws.

14. Applicable law and jurisdiction

These Terms will be governed by and interpreted in accordance with Spanish law in matters not expressly provided for here. Any dispute arising from the provision of the products or services covered by these Terms will be submitted to the courts of the Customer’s domicile, the place where the obligation is to be performed or, in the case of immovable property, the place where that property is located.