TRIO ZUKAN

GENERAL TERMS AND CONDITIONS OF SALE

1. GENERAL INFORMATION

The ownership of this website https://triozukan.com/ (hereinafter Website) belongs to: ZUKAN KULTUR ELKARTEA, with Tax ID: G75148262, and whose contact details are: Address: LIZEAGA KALEA, Nº 7, 01 B, Hernani (20120), Gipuzkoa Contact phone number: 659 34 16 28 Contact email: contacto@triozukan.com This document (as well as other documents referenced herein) governs the terms under which use of this Website (https://triozukan.com/tienda) and the purchase or acquisition of products and/or services on it are regulated (hereinafter, Terms). For the purposes of these Terms it is understood that the activity that Trio Zukan carries out through the Website includes: Sale of products related to the musical group Trio Zukan. In addition to reading these Terms, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of Trio Zukan. By using this Website or by placing and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and by all of the aforementioned; therefore, if they do not agree with any of it, they must not use this Website. These Terms may also be modified. The User is responsible for consulting them each time they access, browse and/or use the Website since the Terms in force at the time the purchase of products and/or services is requested will apply. For any questions the User may have regarding the Terms they may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Accessing, browsing and using the Website grants the status of user (hereinafter referred to individually as User or collectively as Users), so from the moment navigation of the Website begins all the Terms set forth herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as applicable. The User assumes responsibility for correct use of the Website. This responsibility will extend to:
    • Using this Website only to make legally valid inquiries and purchases or acquisitions.
    • Not making any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it could be cancelled and the competent authorities would be informed.
    • Providing truthful and lawful contact details, for example, email address, postal address and/or other data (see Legal Notice and General Terms of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website. The Website is primarily intended for Users residing in Spain. Trio Zukan does not guarantee that the Website complies with the legislation of other countries, either wholly or partially. Trio Zukan declines all liability that may arise from such access, and it also does not guarantee shipments or provision of services outside Spain. The User may formalize, at their choice, the contract of sale of the desired products and/or services with Trio Zukan in any of the languages in which these Terms are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users may purchase on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of https://triozukan.com/tienda, during which several products and/or services may be selected and added to the cart, basket or final purchase area and, finally, click on: “Pay” The User must also fill in and/or verify the information requested at each step, although, during the purchase process, before making payment, the purchase details may be modified. Subsequently, the User will receive an email confirming that Trio Zukan has received their order or purchase request and/or service request, that is, the order confirmation. Where appropriate, they will also be informed by email when their purchase is being dispatched. Once the purchase procedure has concluded, the User consents that the Website will generate an electronic invoice which will be sent to the User by email. Likewise, the User may, if they wish, obtain a paper copy of their invoice by requesting it from Trio Zukan using the Website contact spaces or via the contact details provided above. The User acknowledges being aware, at the time of purchase, of certain specific terms of sale concerning the product and/or service in question which are displayed alongside the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example but not limited to, and depending on each case: name, price, components, weight, quantity, color, product details or characteristics, manner in which services will be performed and/or cost of the services; and acknowledges that placing the purchase order or acquisition constitutes full and complete acceptance of the specific terms of sale applicable in each case. Communications, purchase orders and payments involved during transactions carried out on the Website may be archived and retained in Trio Zukan’s computerized records in order to constitute evidence of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights, and the rights available to Users in accordance with this Website’s privacy policy.

4. AVAILABILITY

All purchase orders received by Trio Zukan through the Website are subject to product availability and to no circumstance or force majeure cause (clause nine of these Terms) affecting their supply and/or the provision of services. If difficulties arise regarding product supply or products are out of stock, Trio Zukan undertakes to contact the User and refund any amount that may have been paid. The same will apply in cases where the provision of a service becomes impracticable.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless legal requirements, especially regarding VAT, indicate and apply differently. Shipping costs are included in the final product prices as shown on the Website. Thus, Trio Zukan performs delivery and/or shipping services through: . Under no circumstances will the Website automatically add extra charges to the price of a product or service, except those that the User has voluntarily and freely selected. Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation. Accepted means of payment are: Credit or debit card, and Bank transfer Trio Zukan uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions on the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer). Credit cards are subject to checks and authorizations by the issuing bank; if such bank does not authorize the payment, Trio Zukan will not be responsible for any delay or failure in delivery and will not be able to formalize any contract with the User. Once Trio Zukan receives the purchase order from the User via the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge to the card will be made at the moment the User is sent the shipping confirmation and/or confirmation of the service provided in the manner and, where applicable, place established. In any case, by clicking “Pay” the User confirms that the payment method used belongs to them. Orders for which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer to be processed by the payment system used by Trio Zukan for the Website. When the system receives the transfer, the order will be prepared and processed for shipment. When using this payment method, the User must ensure they enter the exact order amount, as well as the account number and transfer reference. In case of error, Trio Zukan will not be able to validate the order, which will be cancelled.

6. DELIVERY

In cases where physical delivery of the contracted good is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands) Except in cases of unforeseen or extraordinary circumstances or, where applicable, due to product personalization, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the timeframe indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation. If for any reason attributable to it Trio Zukan cannot meet the delivery date, it will contact the User to inform them of this circumstance, and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days. If delivery of the order proves impossible due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it delivered again. If the User will not be at the delivery location during the agreed time slot, they must contact Trio Zukan to arrange delivery for another day. If 30 days elapse from the time the order is available for delivery and it has not been delivered for reasons not attributable to Trio Zukan, Trio Zukan will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the contract termination, all payments received from the User will be returned to them, except for additional costs resulting from the User’s choice of a delivery method different from the least expensive standard delivery method offered on the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated. However, the User must bear in mind that transportation resulting from the termination may have an additional cost that may be charged to them. For the purposes of these Terms, delivery will be considered to have occurred when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by signing for receipt of the order at the agreed delivery address. The risks arising from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when Trio Zukan receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery if this takes place after full receipt of the payment by Trio Zukan. In accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be considered located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The VAT rate applicable will be that legally in force at any given time depending on the specific article in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect an error when entering data necessary to process their purchase request on the Website, they may modify it by contacting Trio Zukan through the contact spaces enabled on the Website, and, where applicable, through those enabled to contact customer service, and/or using the contact details provided in clause one (General Information). Likewise, this information may also be corrected by the User through their personal account on the Website. In any case, before clicking “Pay”, the User has access to the cart or basket where their purchase requests are recorded and may make modifications. Users are also referred to consult the Legal Notice and General Terms of Use and, in particular, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the holder’s Website, they have certain rights, as listed and described below:

Right of Withdrawal

The User, as consumer and user, makes a purchase on the Website and therefore has the right to withdraw from that purchase within 14 calendar days without giving any justification. This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired physical possession of the goods purchased on the Trio Zukan Website, or if the goods that make up the order are delivered separately, 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired physical possession of the last of those goods forming part of the same order, or in the case of a service contract, 14 calendar days from the day the contract was concluded. To exercise this right of withdrawal, the User must notify Trio Zukan of their decision. They may do so, where appropriate, through the contact spaces enabled on the Website. The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally state their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form that Trio Zukan makes available as an annex to these Terms, however its use is not mandatory. To meet the withdrawal deadline it is sufficient for the communication expressing the unequivocal decision to withdraw to be sent before the corresponding deadline expires. In the event of withdrawal, Trio Zukan will refund the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a delivery method different from the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which Trio Zukan was informed of the User’s decision to withdraw. Trio Zukan will refund the User using the same payment method the User used for the initial transaction. This refund will not incur any additional cost to the User. However, Trio Zukan may withhold such refund until it has received the products or items from the purchase, or until the User provides proof of return of the same, whichever condition is met first. The User may return or send the products to Trio Zukan at: LIZEAGA KALEA, Nº 7, 01 B, Hernani (20120), Gipuzkoa They must do so without undue delay and, in any event, no later than 14 calendar days from the date on which Trio Zukan was informed of the decision to withdraw. The User acknowledges that they must bear the direct cost of return (transport, delivery) of the goods, if any. In addition, they will be responsible for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would include: personalized products; products that may deteriorate or expire quickly; CDs/DVDs of music or video without their factory seal; products sealed for hygiene or health reasons that have been unsealed after delivery; supply of digital content not delivered on a tangible medium. In the same sense is the provision of a service that the User may contract on this Website, since the same Law establishes that the Right of withdrawal will not apply when the service has been fully performed, or when it has begun with the consumer’s express consent and acknowledging that, once the contract has been fully performed by Trio Zukan, they will lose the right of withdrawal. In any case, no refund will be made if the product has been used beyond mere opening, if products are not in the same condition as delivered or have suffered any damage after delivery. Products must also be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice. The withdrawal form can be downloaded at the following link: https://triozukan.com/tienda/wp-content/uploads/2024/02/formulario-desistimiento.pdf

Return of defective products or shipping errors

These are all cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore must contact Trio Zukan immediately and notify them of the non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal). The User will then be informed about how to proceed with the return of the products, and once returned they will be examined and the User will be informed, within a reasonable period, whether a refund or, where applicable, a replacement is appropriate. The refund or replacement of the product will be carried out as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item will proceed. The amount paid for products returned due to a defect, when there really is one, will be refunded in full, including delivery costs and any costs the User may have incurred to make the return. The refund will be made by the same payment method the User used to pay for the purchase. In any case, the rights recognized by applicable law for the User as consumer and user will always apply.

Warranties

The User, as consumer and user, enjoys warranties on products they may acquire through this Website, under the terms legally established for each type of product, Trio Zukan being liable for the lack of conformity of the same that becomes apparent within three years from delivery of the product. In this regard, products are considered to conform to the contract provided that: they match the description made by Trio Zukan and possess the qualities presented therein; they are suitable for the uses for which products of the same type are ordinarily intended; and they present the quality and performance normally expected of a product of the same type. When this is not the case regarding products delivered to the User, they must proceed as indicated in the section Return of defective products or shipping errors. However, some products marketed on the Website may present non-homogeneous characteristics insofar as these derive from the type of material with which they have been manufactured, and therefore will form part of the product’s individual appearance and will not be a defect. Additionally, it may occur that the User acquires a product on the Website of a brand or manufactured by a third party. In that case, if the User considers the product to be defective, they also have the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their statutory warranty rights directly against them during the three years following delivery of such products. For this, the User must have retained all information related to the product warranties.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Trio Zukan will not accept any liability for the following losses, regardless of their origin:
    • any losses that could not be attributable to any breach on its part;
    • business losses (including loss of profits, income, contracts, anticipated savings, data loss, loss of goodwill or unnecessary expenses incurred); or
    • any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract for the products was entered into between them.
Likewise, Trio Zukan also limits its liability in respect of the following cases:
    • Trio Zukan applies all measures aimed at providing a faithful representation of the product on the Website; however it is not responsible for minor differences or inaccuracies that may exist due to screen resolution, browser issues or others of this kind.
    • Trio Zukan will act with the utmost diligence in making the product subject to the purchase order available to the company responsible for its transportation. However, it is not responsible for damages resulting from malfunctioning of the transport, especially due to causes such as strikes, roadblocks, and generally any other sector-specific causes that result in delays, losses or theft of the product.
    • Technical failures that, due to accidental or other causes, prevent normal functioning of the service over the internet. Lack of Website availability due to maintenance or other reasons that prevent access to the service. Trio Zukan uses all means at its disposal to carry out the purchase, payment and shipping/delivery process of products, however it is exempt from liability for causes not attributable to it, acts of God or force majeure.
    • Trio Zukan will not be responsible for misuse and/or wear of products that have been used by the User. At the same time, Trio Zukan will not be responsible for an incorrect return made by the User. It is the User’s responsibility to return the correct product.
    • In general, Trio Zukan will not be liable for any breach or delay in performing any of the obligations assumed, when such breach is due to events beyond its reasonable control, i.e., caused by force majeure, which may include, by way of example but not limited to:
        • Strikes, lockouts or other industrial action.
        • Civil commotion, riot, invasion, threat or terrorist attack, war (declared or not) or threat or preparation for war.
        • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
        • Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
        • Inability to use public or private telecommunications systems.
        • Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Thus, obligations will be suspended for the period during which the force majeure cause continues, and Trio Zukan will have an extension of time to fulfill them for a period equal to the duration of the force majeure cause. Trio Zukan will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure cause.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Trio Zukan will be electronic (email or notices published on the Website). For contractual purposes, the User consents to using this electronic means of communication and acknowledges that any contract, notice, information and other communications that Trio Zukan sends electronically meet the legal requirement of being in writing. This condition will not affect the rights granted by law to the User. The User can send notifications and/or communicate with Trio Zukan through the contact details provided in these Terms and, where applicable, through the contact spaces on the Website. Likewise, unless otherwise stipulated, Trio Zukan may contact and/or notify the User at their email address or the postal address provided.

11. WAIVER

No waiver by Trio Zukan of a specific right or legal action or failure by Trio Zukan to require strict performance by the User of any of their obligations shall constitute a waiver of other rights or actions arising from a contract or the Terms, nor shall it relieve the User from compliance with their obligations. No waiver by Trio Zukan of any of these Terms or of rights or actions arising from a contract shall be effective unless expressly stated to be a waiver, formalized and communicated to the User in writing.

12. NULLITY

If any of these Terms are declared null and void by a final decision issued by a competent authority, the remainder of the clauses will remain in force, unaffected by such declaration of nullity.

13. ENTIRE AGREEMENT

These Terms and any document expressly referred to herein constitute the entire agreement between the User and Trio Zukan in relation to the object of the sale and replace any other prior pact, agreement or promise made verbally or in writing by the same parties. The User and Trio Zukan acknowledge they have consented to enter into a contract without relying on any statement or promise made by the other party, except as expressly stated in these Terms.

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Trio Zukan - Tienda
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