General Terms & Conditions
This document establishes the general conditions of the contractual relationship whose purpose is the sale of Works offered from the website www.editorialmondigromax.com, owned by MONDIGROMAX, S.L. (hereinafter MONDIGROMAX), with address at Calle Carme, 3, Át.1ª C.P. 08001 of Barcelona, with CIF: B62651864 and the natural or legal persons (hereinafter USER) when they express a desire to buy the aforementioned Works by ordering them from this website via Internet.
The orders you place constitute the specific conditions associated with the present General Terms and Conditions. The latter must be consulted before proceeding to purchase any Works. The present General Terms and Conditions are at your disposal on the website www.editorialmondigromax.com, for you to read, print, store and accept. You cannot buy any Works without consulting them previously. These General Terms and Conditions are always clearly visible on the website.
FIRST. – OBJECT OF THE GENERAL TERMS & CONDITIONS
With the present General Terms and Conditions, MONDIGROMAX hereby agrees to deliver the Works that you have ordered through the website www.editorialmondigromax.com in exchange for a stipulated payment. On ordering the goods on this website you declare: a) That you are of legal age to purchase. b) That you have read, understood and accepted the present General Terms and Conditions.
SECOND. APPLICABLE LEGISLATION
The present General Terms and Conditions are subject to the provisions of the Spanish Royal Decree 1/2007, passed 16 November, which ratifies the updated text of the General Law for the Protection of Consumers and Users and other complementary laws; the Law 7/1998 of 13 April, which regulates General Terms and Conditions of Contract; the Royal Decree 1906/1999, passed 17 December 1999, which regulates Telephone and Online Transactions by means of General Terms and Conditions; Organic Law 15/1999, passed 13 December, which regulates the Protection of Private Data; Law 7/1996, passed 15 January, which regulates retail trade; and Law 34/2002, passed 11 July, which regulates Services in the Information Society and Online Trading.
THIRD. – MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
MONDIGROMAX reserves the right to modify the present General Terms and Conditions at any time, without any obligation to inform you previously. At all times, it is your responsibility to check them as a precondition to the purchase of any product available for sale on this website. In all cases, the General Terms and Conditions which appeared on the website at the time when you acquired the goods will be considered to be those that are valid and legally-binding.
QUARTER. – RIGHTS AND OBLIGATIONS OF MONDIGROMAX
4.1. Delivery of the work. – MONDIGROMAX undertakes to facilitate the file’s download of the Scores in pdf format that the USER indicates in the order form. MONDIGROMAX will not be responsible for errors caused in the delivery when the data entered by the USER in the order form do not match with reality or have been omitted.
4.2. Liability: – MONDIGROMAX will in no case be held liable with regards to:
- a) Mistakes or delays caused by the USER when entering their data in the order form, the slowness or impossibility of receiving the order confirmation by the recipients or any anomaly that may arise when these incidents which are due to problems of the Internet network, due to force majeure or any other unforeseeable contingency beyond the good faith of MONDIGROMAX. In any case, MONDIGROMAX undertakes to solve any problems that may arise and to offer all the necessary support to the USER to reach a quick and satisfactory solution to the incident.
- b) Any mistakes or problems caused by misuse or inefficient use of the service.
- c) Inoperative or unreliable email address supplied by you for confirmation of the order.
4.3. Guarantees: MONDIGROMAX is under the obligation to deliver the Work in perfect condition, and will respond, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, of the conformity in the moment of delivery of the Work, with these General Conditions as well as, especially, with the File of each Score that appears on the web page at the time of its acquisition by the USER.
FIFTH. – RIGHTS AND OBLIGATIONS OF THE USER
5.1. Payment. – The USER undertakes to pay in advance the amount for the work effectively requested in the following amount and form:
- a) Amount. – The remuneration for the work effectively requested by the USER based on the requested work, will be that indicated on the website and that which appears in the specific request of the USER at all times, requests that will constitute the particular conditions of the specific order. The prices of the Works that appear on the website always appear with VAT (IVA) included.
- b) Payment Methods. – The USER must pay the amount corresponding to the Work acquired by credit card or other forms of payment indicated such as Paypal or bank transfer.
5.2. – Public performance. If the USER wishes to make a public performance of the Work, it must obtain the Music Public performance license by MONDIGROMAX and a public communication license from the entity of this type of rights in the country in which the performance will take place by informing the entity of the details of the Work and the copyright holder.
- a) Communication. – The USER must inform MONDIGROMAX of any act in which the Work is going to be performed publicly.
- b) Credits. – The USER must accredit the Composer and the Editor of the Work in any notes, verbal acknowledgment, concert repertoire list, information to public communication rights collective management entities, etc., as follows: © MONDIGROMAX S.L. / COMPOSER OF THE WORK
- c) Respect authorship. -The USER accepts to respect the structure and fundamental nature of the Work and refrain from making any alteration, arrangement or creation of any derivative work without the prior consent of MONDIGROMAX.
- d) The User must not:
– Send or provide any person with a copy of the Score that contains the Work.
– Allow any other person or third party to use the Work instead of the USER.
– carry out any act of resale, commercialization or exploitation of the Work directly or as part of another work, in part or in whole, to any other person or party.
– assign, transfer, share or sublicense this contractual relationship with any other person.
SIXTH. – PRIVATE DATA PROTECTION
6.1. – Information with regard to the existence of a file and request for permission to treat data automatically. With regard to the personal particulars you enter on the forms on the website, MONDIGROMAX acts in strict compliance with the current regulations as established by the Organic Law 15/1999, passed 13 December, regulating the Protection of Private Data, and other laws that build upon it. MONDIGROMAX hereby notifies you that the aforementioned data will be included in a file for purposes of automatic processing and that you give your consent on accepting these General Terms and Conditions.
6.2. – Object of the treatment: MONDIGROMAX collects certain personal details that are introduced by the USER in the form to formalize the sale of the products. MONDIGROMAX informs that it will automatically manage this data. MONDIGROMAX will process this data for the invoicing and delivery of the product, as well as for the possible periodic delivery of news and commercial information to the USER. In any case, the data collected and processed by MONDIGROMAX are basic for the purposes indicated above.
6.3. – Obligatory data input: The fields marked with an asterisk* in the forms, must be filled in. If not, you will be unable to send your enquiry or place a specific order.
6.4. – Rights of access, rectification, cancellation and opposition: The USER who enters their personal details in the different registration forms, will have the full right to exercise its rights of access, rectification, cancellation and opposition at any time by requesting this from firstname.lastname@example.org by Post to MONDIGROMAX, S.L., with address at Carrer Carme, 3, Át.1ª C.P. 08001 of Barcelona including in both cases a copy of the DNI or other identification document of the owner of the data. MONDIGROMAX reiterates that it is committed to respect and absolute confidentiality in the collection and treatment of the personal details of the USER, declaring its commitment not to transfer them to third parties in any case, without the prior consent of their owners.
6.5. – Security. – MONDIGROMAX also reiterates the absolute confidentiality and privacy of the personal data collected and that is why essential security measures have been adopted to prevent alteration, loss, treatment or unauthorized access and thus guarantee its integrity and security, especially those provided for in Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the protection of personal data. MONDIGROMAX will not be responsible in any case for the incidents that may arise regarding personal data when they derive either from an attack or unauthorized access to the systems in such a way that it is impossible to detect by the security measures implemented or when it is due to a lack of diligence on the part of the USER in relation to the vigilance and custody of their access keys or their own personal details.
6.6. Veracity of the data. – The USER is responsible for the veracity of their data, undertaking not to enter false data and to proceed to modify them if necessary.
SEVENTH. – LIABILITY
7.1. – In no case will MONDIGROMAX be held liable for the following:
- a) Errors and incidents that may occur in communications or incomplete transmissions in such a way that it is not guaranteed that the services of the website are constantly operational.
- b) Of the production of any type of damage that the USER or third parties could cause on the website.
7.2. – MONDIGROMAX reserves the right to suspend access to the website without prior notice on a discretionary basis and permanently or temporarily until effective liability for any damage that may occur is assured. Likewise, MONDIGROMAX will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damage caused constitutes any type of illicit activity.
EIGHTH. – COPYRIGHT
– MONDIGROMAX informs that the website www.editorialmondigromax.com -its contents and the programming and the design of the website- is fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected materials is expressly forbidden without formal permission in writing from MONDIGROMAX. Each Score music available on the web has the copyright of its creator and is protected by the laws relating to copyright provided for Spanish law. The use of any Score is subject to accept the General Terms & Conditions.
NINTH. – APPLICABLE LAW AND COMPETENT JURISDICTION
– The present General Terms and Conditions shall be governed by and interpreted in accordance with Spanish law. They are originally written in Spanish and on the publishing company web they are translated into other languages, but in case of doubt, Spanish language prevails. The resolution of any controversy or conflict derived from these General Terms & Conditions that cannot be resolved in a friendly manner between the parties, will be subject to the jurisdiction of the competent authorities as established by the applicable legislation covering the rights and responsibilities of consumers and users.
TENTH. – In the case of any clause in the present General Terms & Conditions that is declared null and void, the other clauses shall continue to be legally-binding and will be interpreted taking into account the interests of the parties and the very purpose of these conditions. MONDIGROMAX may decline to exercise any of the rights and faculties conferred on it by this document, without this implying in any case renouncement of the said rights and faculties, unless this is expressly stated by MONDIGROMAX.