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TERMS OF SERVICE

OBJECT

The present general conditions of use, privacy policy and sale (hereinafter General conditions) govern the use of the web site www.qhwaudio.com (hereinafter the website) that Quality Hi-Fi Works Audio, S.L. (hereinafter QHW Audio), puts at the disposal of persons who have access to its web site with the end of providing them information about products and services, and/or third party collaborators, and facilitate access to them, as well as the procurement of services and goods through it (all of which are together called services).

QHW Audio, with address in Puerto Serrano number 12, Madrid, 28045, is a Spanish limited liability company, owner of this web site which use is regulated by this document, with tax ID number ESB85669109 and registered in the mercantile registry of Madrid volume 26724, sheet M – 481545, Folio 56, section 8, first registration. To contact QHW Audio, you can use the address above indicated, as well as the email address qhwaudio@qhwaudio.com.

By the very nature of the web site, as well as its content and purpose, practically all of the navigation that can be performed through it should be done enjoying the status of client, which is acquired according to the procedures provided for in it. Therefore, said client status implies adherence to the General conditions in the version published at the time access to the web site. QHW Audio reserves the right to modify, at any time, the presentation and configuration of the web site, as well as the present general conditions. Therefore QHW Audio recommends the customer to read it whenever you access the website.

In any case, there are pages in the web site accessible to the public in general, regarding which QHW Audio also wishes to comply with their legal obligations, as well as to regulate the use of the same. In this sense, users who have access to these parts of the Web site accepted remain subject, because access to the cited pages, by the terms and conditions included in these general conditions, to the extent that it can be applied.

Finally, by the very nature of this website, it is possible that they are modified or included changes in the content of the present general conditions. For this reason, customer, as well as other users who do not benefit from this condition, are obliged to accede to the present general conditions every time you access the web site, assuming they shall them apply the conditions which are in force at the time of your access.

ACCESS AND SECURITY

Access to services requires the prior registration of users, once to accept the General conditions, to be considered as customers.

Customer ID consists of your email address and a password. Access to the customer’s own account, will require the inclusion of this identifier and a password.

The use of the password is personal and untransferable, not being allowed the release, even temporarily, to third-parties. In this sense, the customer undertakes to make diligent use and keep secret, assuming all responsibility for the consequences of its disclosure to third-parties.

In the event that customer knows or suspects the use of your password by a third party, you must change it immediately, in the mode in which is collected on the Web site.

PROPER USE OF THE SERVICES

Customer agrees to use the services of a diligent, correct and lawful and, in particular, but not limited to, undertakes to refrain from:

• use the services of form, for purposes or effects contrary to law, morality and generally accepted good customs or public order;
• reproduce or copy, distribute, allow access to the public through any means of public communication, transform or modify the services, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;
• perform any act that could be considered an infringement of any intellectual or industrial property rights belonging to QHW Audio or third parties;
• use the services and, in particular, information of any kind obtained through theweb site to send advertising, communications for direct marketing purposes or anyother type of commercial purpose, unsolicited messages directed to a plurality of people regardless of their purpose, as well as commercialise or disclose in any way this information;

The customer will be liable for damages and damages of any nature suffered by QHW Audio, occasion or as a consequence of the breach of any of the above obligations as well as any other included in these general conditions or those imposed by the law in relation to the use of the web site.

QHW Audio shall ensure respect for the existing legal system at all times, and shall be entitled to discontinue, in its sole discretion, the service or exclude customer’s Web site in the event of alleged Commission, complete or incomplete, of any of the crimes or misconduct offences by the criminal code, or in case observe any behaviour which are contrary to these general conditions of QHW Audio the General conditions of engagement that operating standards established by QHW Audio or collaborators for this web site, the law, or may disturb the functioning, image, credibility and/or prestige of QHW Audio or collaborators.

PROPERTY RIGHTS

All contents of the web site, such as text, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of QHW Audio or third parties, whose rights in this respect holds legitimately QHW Audio, therefore protected by national and international legislation.

The use of all the elements subject to industrial and intellectual property for commercial as well as their distribution, modification, alteration or decompilation is strictly prohibited.

Violation of any of these rights may constitute a breach of these provisions, as well as an offence punishable in accordance with articles 270 et seq. of the criminal code.

Those customers who submit to the web site observations, opinions or comments through the service of electronic mail or by any other means, in cases where the nature of the services possible, it is understood that they authorize QHW Audio to the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation of such observations, opinions or comments, for all the time of protection of copyright that is provided for legally and without territorial limitation. It is understood that this authorization is granted for free.

Claims that could be filed by customers in connection with possible breaches of the rights of intellectual or industrial property on any of the services on this web site should be sent to the following e-mail address: qhwaudio@qhwaudio.com.

WARRANTIES EXCLUSION OF AND LIABILITY

Irrespective of the provisions of General conditions of contract relating to the hiring of goods contained in this web site, QHW Audio is not responsible for the veracity, accuracy and quality of this Web site, its services, information and matirials. Such services, materials and information are presented “as is” and without warranties of any kind they are accessible.

QHW Audio reserves the right to interrupt access to the website, as well as the provision of any or all services provided through it at any time and without notice, either due to technical, security, control, maintenance, power supply failures or any other cause.

As a result, QHW Audio does not guarantee the reliability, availability or continuity of its web site or services, so the use of the same by the customer is carried out at your own risk, unless, at any time,
to demand responsibilities to QHW Audio in this sense.

QHW Audio shall not be liable to interruptions of services, delays, errors, malfunctions and, in general, other drawbacks to having its origin in causes beyond QHW Audio control, and/or due to a fraudulent or negligent of the customer and/or by origin of unforeseen circumstances or force majeure. Without prejudice to provisions of article 1105 of the Civil Code, they shall be included in the concept of force majeure, in addition, and for the purposes of these general conditions, all those events that occurred outside the control of QHW Audio, such as: failure of third parties, operators or service companies, acts of Government, lack of access to third-party networks acts or omissions of public authorities, those of others are produced as a result of natural phenomena, power outages, etc and the attack by hackers or third parties specialized in the security or integrity of the computer system, whenever QHW Audio has taken reasonable safety measures in accordance with the State of the art. In any case, whatever its cause, QHW Audio assumes no responsibility either for direct or indirect damage, damage occurred and/or lost profits.

QHW Audio shall not be liable for any damages of any kind that may arise from the lack of veracity, accuracy, completeness or timeliness of the services transmitted, disseminated, stored, made available or received, obtained or that is accessed through the web site, as well as the services provided or offered by third parties or entities. QHW Audio will try as far as possible to update and rectify the information hosted on your web site that does not comply with the minimum guarantees of veracity. However it will be exonerated from liability by not updating or rectification as well as the contents and information poured in it. In this sense, QHW Audio has no obligation to monitor and does not control the content transmitted, disseminated or made available to third parties by customers or partners, except the cases that it required by the legislation in force or when required by a Judicial authority or competent administrative.

Similarly, QHW Audio excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that can produce alterations in the computer systems as well as in the documents or systems stored in them.

QHW Audio is not responsible for the use customer service website or your passwords, as well as any other of the same material, in violation of intellectual or industrial property rights or any other rights of third parties.

The pool is obligated to hold harmless QHW Audio, by prejudice, sanction, damage, expense (including, without limitation, Attorney’s fees) or liability civil, administrative or any other measures that might suffer QHW Audio related non-compliance or partial or defective compliance in turn of what is established in these general conditions or in the applicable legislation , and, in particular, in relation to obligations relating to protection of personal data contained in these conditions or set out in the data protection act and implementing regulations.

LINKS TO OTHER WEB SITES

QHW Audio does not warrant or assume any liability for damages suffered by accessing third party services through connections, links or links of the websites linked or about the accuracy or reliability thereof. The function of the links that appear on QHW Audio is exclusively the inform the customer about the existence of other sources of information on the Internet, where they can expand the services offered by the portal. QHW Audio will not be in any case responsible for the results obtained through these links or for the consequences arising from access by customers to them. These third-party services are provided by themselves, so QHW Audio cannot control and does not control the legality of the services or their quality. As a result, the client should exercise caution in evaluating and using the information and services found on the third-party content.

APPLICABLE LAW AND JURISDICTION

For any interpretative or contentious issues that may arise shall apply Spaniard law and in the event of a dispute, both parties agree to submit, waiving any other jurisdiction that may correspond, to the jurisdiction of the courts and tribunals of the city of Madrid.

E-COMMERCE

PRICES

All prices for products that are indicated through the website include VAT and other taxes that may be applicable in the country of origin, Spain. However, these prices do not include expenditure for the shipping of products, customs, or other taxes which may apply in the country of destination thereof.

PAYMENT

The customer undertakes to pay when you place the order. The initial price appearing on the web site for each of the products offered will be added fees to the relevant shipping costs. In any case, such fees shall be previously communicated to customer before formalizing the own purchase.

The receipt or proof of purchase which corresponds to the purchase order will be available and can be displayed in www.qhwaudio.com in the section “My account”, “Orders”.

Customer must pay the amount corresponding to your order with payment via credit card or debit (Visa, Mastercard, Visa Electron or other similar cards), transfer or income into account in office of Bankinter, PayPal or other electronic ways that QHW Audio puts at your disposal clearly on its web site.

FORMALIZATION OF ORDERS

Once formalized the request, i.e. with the acceptance of the terms of use and the confirmation of the purchasing process, QHW Audio will send always an email to the customer confirming the details of the purchase made.

CANCELLATION OF ORDERS

QHW Audio will accept cancellations of orders if required before the shipment of the same. For cancellation you must request it through the contact form or by sending an e-mail to qhwaudio@qhwaudio.com.

TIME, PLACE OF DELIVERY AND DAMAGE

QHW Audio undertakes to deliver the product in perfect condition at the address indicated by the customer in the order form. To optimize delivery, thanks to the client to indicate a direction in which the order can be delivered within the regular working hours.

QHW Audio is not responsible for the errors caused in the delivery when the delivery address entered by the client in the order form does not conform to reality or have been omitted.

Shipments will be made via a courier company in the shortest period of time possible since payment is received. QHW Audio will inform the customer when, for unavoidable reasons request to delay more than indicated.

Each delivery is deemed as the moment in which the transport company put the product available to the client, which is materialized through the control system used by the transportation company.

It will not be sent to PO boxes or to addresses in that it was not possible to identify the recipient of the request.

Customer must check the good condition of the package to the carrier making the delivery of the product, indicating any anomaly that could detect in the packing in the delivery note. If, subsequently, once reviewed the product, the client detects any problems such as blow, break, evidence of having been opened or any damage caused by shipping, in this it undertakes to notify QHW Audio via email in the shortest possible time, preferable before 24 hours from delivery.

RETURN

All products purchased at QHW Audio may be returned and refunded, provided that the customer informs QHW Audio its intention to return products purchased within a maximum period of up to 21 natural days from the date of delivery and compliance with the other conditions laid down in this section.

QHW Audio will only accept returns that meet the following requirements:

1. the product must be in the same state that surrendered and its packaging and labeling original should be kept.
2. the shipping must be using the same packaging that has been received to protect the product. For the course that cannot be made with the box that was delivered, return it in a protective case so the product reaches store QHW Audio with the maximum possible guarantees.

In order to facilitate the process of return customers and be able to correct the same track, QHW Audio sets unique callback procedure established by it. If the reason for the return is attributable to QHW Audio, i.e., the product is defective, the refund amount will be refunded. If the reason is another, the cost of return costs shall be borne by customer.

To proceed with a refund, the following steps should be:

1. report before 21 calendar days from receipt the product wants to be returned. The information may be made via email to qhwaudio@qhwaudio.com or via the contact form.
2. QHW Audio will inform the customer of the address he/she should send the product.
3. the customer must send it through a courier of your choice company. The return must be paid by customer.
4. inform the courier company used, date and time of return.

The return of the goods will result in a refund equal to the cost of returned products less the cost of the return service.

Only in the case that the delivered product is defective or incorrect, QHW Audio will take care of the shipping costs.

QHW Audio will manage the return order under the same system that was used for payment within a period of five working days from confirmation of arrival at its facilities in the returned order. The application of the return in the account or the client card will depend on card and entity.