Terms and Conditions of Sale

1. DEFINITIONS

Below we include the definitions that apply to these Terms and Conditions, to
facilitate a better understanding of them:

Withdrawal Period: the period within which the Consumer may exercise his Right of Withdrawal

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a Distance Contract with the Entrepreneur.

Day: calendar day.

Transaction Duration: execution time of a Distance Contract in relation to the acquisition, purchase or supply of a series of products and/or services.

Durable Data Support: Any means that allows the Consumer or the Entrepreneur to store information that is addressed to him or her personally in a way that makes possible future consultation and unaltered reproduction of the stored information.

Right of Withdrawal: the right of the Consumer to withdraw from a purchase or acquisition made remotely, for a specified period of time.

Businessman: the natural or legal person who offers products and/or services to Consumers remotely.

Distance contract: the contract by which, using one or more Distance Communication Techniques made available to the Consumer by the Entrepreneur, the Consumer acquires goods or services from the Entrepreneur.

Distance Communication Technique: means that can be used to conclude a contract, without the Consumer and the entrepreneur being in the same room at the same time.

General Conditions: these General Conditions.

2. IDENTIFICATION OF THE BUSINESSMAN

Company name: BIZKAIA MUSICAL ENTERTAINMENT, SL
Address: The one that appears is correct.
NIF: B-56.175.706
e-mail: shop@elrowfamily.com

3. SCOPE OF APPLICATION

3.1. These General Conditions apply to all offers made by the Entrepreneur and to all Distance Contracts concluded between the Entrepreneur and the Consumer.

3.2. Before the conclusion of the Distance Contract, the text of these General Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the conclusion of the Distance Contract that the General Conditions may be consulted and that they will be sent free of charge upon request.

3.3. If the Distance Contract is concluded electronically, notwithstanding the provisions of the previous section and before the Distance Contract is concluded, the text of these General Conditions will be made available to the Consumer electronically so that they can be easily stored on a Durable Data Medium. If this is not reasonably possible, the Consumer will be informed where the General Conditions can be consulted electronically before the Distance Contract is concluded. They will be sent free of charge at the Consumer's request, either by electronic means or otherwise.

3.4. In the event that, in addition to these General Conditions, specific conditions for products and/or services apply, the second and third sections shall apply mutatis mutandis. In the event of a conflict between the General Conditions, the Consumer may always invoke the provision that is most favorable to him/her.

3.5. If one or more provisions of these General Conditions are deemed, at any time, in whole or in part, to be void or unenforceable, the Distance Contract and these Conditions shall remain valid to the extent not expressly voided, and the voided provisions shall be replaced by other valid provisions that are equivalent and comparable, to the extent legally possible, to those voided.

3.6. Situations not regulated in these General Conditions must be assessed taking into consideration the spirit and intent of these Conditions.

3.7. Any lack of clarity regarding the content of one or more provisions of our General Conditions must be interpreted in accordance with the spirit and intent of the General Conditions in their entirety.

4. THE OFFER

4.1. If an offer is for a limited period or subject to conditions, this will be explicitly stated in the offer.

4.2. Offers are made without obligation. The Entrepreneur reserves the right to modify and adjust the offer at any time.

4.3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the Consumer to adequately evaluate the offer. If the Entrepreneur uses images, these are a faithful reflection of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the Entrepreneur.

4.4. All images, specifications, and information in the offer are indicative only and cannot be used as compensation or as a basis for termination of the agreement.

4.5. Product images are a true reflection of the products offered. The Entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

4.6. Each offer contains the information necessary for the Consumer to understand the rights and obligations associated with accepting the offer. This applies in particular to:

• the price, including taxes;
• possible shipping costs;
• the manner in which the agreement will be concluded and what actions are necessary for this;
• the application or not of the Right of Withdrawal;
• the method of payment, delivery and execution of the agreement;
• the period of acceptance of the offer or the period within which the Entrepreneur guarantees the price;
• the distance communication tariff if the costs of using the Distance Communication Technique are calculated on a basis other than the usual basic tariff for the means of communication used;
• Whether the agreement is archived after its conclusion and, if so, how the Consumer can consult it;
• the manner in which the Consumer, before the conclusion of the agreement, can check the data he has provided under the agreement and correct them if necessary;
• other languages ​​in which, in addition to Spanish, the agreement may be concluded;
• the codes of conduct to which the Entrepreneur is subject and the manner in which the Consumer can consult said codes of conduct electronically; and
• the minimum duration of the distance contract in the event of a prolonged transaction.

5. THE CONTRACT

5.1. Without prejudice to the provisions of Section 4, the Contract is concluded upon acceptance of the offer by the Consumer and compliance with the corresponding conditions.

5.2. If the Consumer has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the Entrepreneur, the Consumer may withdraw from the transaction.

5.3. If the agreement is concluded electronically, the Entrepreneur shall take appropriate technical and organizational measures to ensure the security of the electronic data transfer and shall ensure the security of the website. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.

5.4. The Entrepreneur may, within the legal framework, verify whether the Consumer is able to meet his or her payment obligations, as well as all facts and factors that are important for a responsible initiation of the Distance Contract. If the Entrepreneur, based on this investigation, has good reason not to conclude the agreement, he or she has the right to refuse an order or request, providing reasons, or to attach special conditions to its execution.

5.5. With the product or service, the Entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

• the address of the business establishment of the entrepreneur to which he can
  the Consumer should contact to file complaints;
• the conditions and the manner in which the consumer can exercise the right to
  withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
  withdrawal;
• information on warranties and service existing after the
  buys;
• the information included in Section 4.3 of these General Conditions,
  unless the Entrepreneur has already provided this information to the Consumer
  before the execution of the agreement;
• the requirements for terminating the agreement if it has a duration greater than
  one year or is indefinite.

5.6. In the case of an extended transaction, the provision of the preceding paragraph only applies to the first delivery.

5.7. Each agreement is entered into subject to the condition precedent of sufficient availability of the products in question.

6. RIGHT OF WITHDRAWAL

6.1. When purchasing products, the Consumer has the option to withdraw from the purchase without giving any reason within a period of 14 days. This withdrawal period begins the day after receipt of the product by the Consumer or the representative previously designated by the Consumer and notified to the Entrepreneur.

6.2. During the Withdrawal Period, the Consumer must handle the product and its packaging with care. They must only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their Right of Withdrawal, they must return the product with all its accessories and, if reasonably possible, in its original condition and packaging to the Entrepreneur, in accordance with reasonable and clear instructions provided by the Entrepreneur.

6.3. If the Consumer wishes to exercise their Right of Withdrawal, they are obliged to inform the Entrepreneur within 14 days of receiving the product. The Consumer must notify us by sending an email to shop@elrowfamily.com . Once the Consumer has communicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The Consumer must provide proof that the delivered goods have been returned on time, for example by providing proof of shipment.

6.4. If the Consumer has not indicated that he or she wishes to exercise his or her Right of Withdrawal after the Withdrawal Period has expired, or has not returned the products to the Entrepreneur within the aforementioned 14 days, the purchase is final.

7. COSTS IN CASE OF WITHDRAWAL

7.1. If the Consumer exercises their Right of Withdrawal, the costs of returning the product will be borne by the Consumer.

7.2. If the Consumer has paid an amount for the products, the Entrepreneur will refund that amount as soon as possible, and at the latest within 14 days of withdrawal, provided that the product has been returned to the online store or conclusive proof of the full return can be provided. The refund will be made through the same payment method used by the Consumer, unless the Consumer expressly authorizes another payment method.

7.3. In the event of damage to the product due to careless handling by the Consumer, the Consumer shall be liable for any loss in value of the product.

7.4. The Consumer cannot be held liable for the depreciation of the product if the Entrepreneur fails to provide all the legally required information regarding the Right of Withdrawal. This must be done before the conclusion of the sales contract.

8. EXCLUSION OF THE RIGHT OF WITHDRAWAL

8.1. The Entrepreneur may exclude the Consumer's Right of Withdrawal under the terms described in section 8.3 below.

8.2. The exclusion of the right of withdrawal will only apply if the Entrepreneur has clearly stated this in the offer, or at least at the time of concluding the agreement.

8.3. Exclusion of the Right of Withdrawal is only possible for the following products:

• (i) Products made to the Consumer's specifications that are not prefabricated and/or are manufactured on the basis of an individual choice or decision of the Consumer, or are clearly intended for a specific person;
• (ii) Products that have a clearly personal character;
• (iii) Products which, after delivery, are inseparably mixed with other products due to their nature;
• (iv) Products that spoil quickly or have a limited shelf life;
• (v) Products whose price is subject to financial market fluctuations over which the Entrepreneur has no influence;
• (vi) Individual newspapers and magazines (except for the termination of subscription to these);
• (vii) Audio and video recordings and computer programs whose seal has been broken by the Consumer.
• (viii) Hygienic products that cannot be returned for reasons of health protection or hygiene, where the seal or seal has been broken by the Consumer.

9. THE PRICE

9.1. During the validity period indicated in the offer, the prices of the products and/or services offered will not increase, except in cases of changes in VAT rates.

9.2. Notwithstanding the foregoing, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the Entrepreneur's control, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be indicated in the offer.

9.3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of regulations or legal provisions.

9.4. Price increases starting from 3 months after the conclusion of the contract are only permitted if the Entrepreneur has stipulated it and:

• (i) They are the result of regulations or legal provisions; or
• (ii) The Consumer has the right to terminate the contract from the day on which the price increase comes into effect.

9.5. The prices mentioned in the product or service offer include VAT.

10. CONFORMITY AND WARRANTY

10.1. The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or administrative regulations in force at the date of the contract. If expressly agreed upon, the Entrepreneur will also guarantee that the product is suitable for use other than its normal use.

10.2. The warranty provided by the Entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the Consumer may assert against the Entrepreneur under the contract and/or applicable law.

10.3. Any defect or incorrectly delivered product must be reported to the Entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

10.4. The Entrepreneur's warranty period corresponds to the manufacturer's warranty period. The Entrepreneur shall never be liable for the final suitability of the products for each individual application by the Consumer, nor for any advice regarding the use or application of the products.

10.5. The warranty will not apply if:

• (i) The Consumer has repaired and/or processed the delivered products himself/herself
  himself or has had them repaired and/or processed by third parties;
• (ii) The delivered products are exposed to abnormal conditions or are tampered with
  carelessly or contrary to the instructions of the Employer and/or in the
  packaging;
• (iii) The inadequacy in whole or in part is the result of regulations that the
  government has done or will do in relation to the nature or quality of the
  materials used.

11. DELIVERY AND EXECUTION

11.1. The Entrepreneur shall exercise the greatest possible care in receiving and executing orders for products and in evaluating requests for the provision of services.

11.2. The place of delivery will be the address that the Consumer has made known to the Entrepreneur.

11.3. Subject to the provisions of Section 11.4, the Entrepreneur will execute accepted orders promptly, but no later than 30 days after the purchase is made, unless the Consumer has agreed to a different delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the Consumer will be informed of this fact no later than 30 days after placing the order. In this case, the Consumer has the right to withdraw from the contract free of charge. The Consumer will not be entitled to any compensation.

11.4. All delivery times are indicative. The Consumer shall not have any rights arising from the stated delivery times. Failure to comply with a delivery time does not entitle the Consumer to compensation.

11.5. In the event of termination of the agreement in accordance with Section 11.3, the Entrepreneur will refund the amount paid to the Consumer as soon as possible, and in any event within 14 days of termination.

11.6. If delivery of an ordered product proves impossible, the Entrepreneur will make every effort to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly indicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The return shipping costs will be borne by the Entrepreneur.

11.7. The risk of damage and/or loss of the products rests with the Entrepreneur until the moment of delivery to the Consumer (or to his designated representative and made known to the Entrepreneur), unless expressly agreed otherwise.

12. PAYMENT

12.1. Unless otherwise agreed, amounts owed by the Consumer must be paid within 7 business days of the start of the Withdrawal Period. In the case of a contract for the provision of a service, this period begins after the Consumer has received confirmation of the contract.

12.2. The Consumer is obliged to immediately inform the Company of any inaccuracies in the payment details provided or specified.

12.3. In the event of non-compliance by the Consumer, the Entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs (always informing the Consumer in advance).

13. CLAIMS PROCEDURE

13.1. The Entrepreneur has a duly publicized complaints procedure and processes complaints received in accordance with this procedure.

13.2. Complaints or claims regarding the performance of the contract must be submitted to the Entrepreneur, in a clear and complete manner, within a reasonable period, which in no case shall exceed 7 days from the date on which the Consumer discovered the defects.

13.3. Complaints submitted to the Entrepreneur will be responded to within 14 days of receipt. If a complaint is expected to require a longer processing time, the Entrepreneur will respond within 14 days with a receipt and an indication of when the Consumer can expect a more detailed response.

13.4. If the claim cannot be resolved by mutual agreement, a dispute arises that may be subject to the dispute resolution procedure.

13.5. A claim does not suspend the Entrepreneur's obligations, unless the Entrepreneur declares otherwise in writing.

13.6. If a claim is deemed justified, the Entrepreneur will replace or repair the product at its discretion, free of charge.

14. DISPUTE RESOLUTION PROCEDURE

14.1. ONLINE DISPUTE RESOLUTION PLATFORM

If you have not been able to resolve your claim through the channels that the Entrepreneur
makes available to you (and in particular through
shop@elrowfamily.com , in accordance with the provisions of the
Article 14.1 of Regulation 524/2013 of 21 May 2013 on the resolution of
online consumer litigation, we inform you that you have the possibility to
resort to an alternative dispute resolution entity for consumer disputes
accessible through the following address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

15. APPLICABLE LAW AND JURISDICTION

These General Conditions have been drafted and must be read and interpreted in accordance with common Spanish legislation.

The United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on 11 April 1980, does not apply.

The courts and tribunals of the city of Bilbao shall have jurisdiction to resolve any type of dispute between the Business Owner and the Consumer, without prejudice to the rights of the Consumer, who may file a claim before the courts of their domicile.

16. ADDITIONAL OR DIVERGENT PROVISIONS

Any additional or deviating provisions from these General Conditions may in no case be detrimental to the Consumer and must be recorded in writing or in a manner that can be stored by the Consumer in an accessible manner on a Durable Data Medium.