1. INTRODUCTION

The document herein (jointly with the documents it refers to) contains the Terms and Conditions that regulate the use of this website and the agreement that binds both parties- you and us- (hereinafter, the “Terms and Conditions”).

We ask that you read these Conditions carefully before using this website. By using this website or placing any order through the same, you agree to be bound by these Terms and Conditions; if you do not agree to all of the Terms and Conditions, you must not use this website.

These Terms and Conditions may be modified at any time, meaning it is your responsibility to read them at regular intervals, as the conditions in effect at the time of using the website or signing the Contract (as defined later on in this document) will be applicable.

 

2. OUR DETAILS

This website is operated under the name FINDING THAT TONE by Pablo Turrado with address at Calle Ronda del Salvador, 40A, 1A, 10600, Plasencia (SPAIN). For any queries or proposals, please contact us by e-mail: [email protected].

 

3. YOUR DETAILS. PRIVACY

Any information or personal data you provide us with will be dealt with subject to the conditions established in the Privacy Policy. By using this website, you agree to the treatment of this information and data, and declare that all the information you provide us with is correct and accurate. For more information, please see our Privacy Policy and our Cookie Policy.

 

4. BINDING. RESPONSIBLE USE

By accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

By using this website and/or placing orders through it, you agree to:

1. Use this website only to make legally valid queries or orders.
2. Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
3. Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. You also agree that we may use this information to contact you if necessary (see our Privacy Policy).
4. If you do not provide us with all the information we need, we will not be able to process your order.
5. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

 

5. ELECTRONIC COMMUNICATION

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

 

6. INTELLECTUAL PROPERTY

All contents, texts, images, brands and source codes are our property or that of third parties from whom we have acquired their exploitation rights, and are protected by Intellectual and Industrial Property rights. The user is only entitled to private, non-profit use of the same, and requires express authorization to modify, reproduce, exploit, distribute or exercise any right belonging to the owner. All the rights are reserved, unless otherwise succinctly stated.

 

7. NEWSLETTER

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

 

8. THIRD-PARTY PROPERTY

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

 

9. TERMINATION OF USE

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

10. HOW THE CONTRACT IS FORMALIZED

The information set out in the Terms and Conditions and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been expressly accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.

To place an order, you must follow the online purchasing procedure and confirm payment. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as it constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed through an email in which we confirm that the product is being sent (the “Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will only be formed when we send you the Shipping Confirmation. Only those products listed in the Shipping Confirmation will be the subject of the Contract. We will not be obliged to supply you with any product that may have been ordered until we confirm its shipment to you in a Shipping Confirmation.

 

11. PRODUCT AVAILABILITY

All product orders are subject to product availability. In this way, if difficulties arise regarding the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you can order. If this should happen, we will always notify you promptly and before any order is shipped. If finally you do not wish to order such substitute products, we will refund any amount you may have paid.

 

12. REFUSAL OF ORDER

We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances, which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. If this should happen, we will notify you promptly and we will refund any amount you may have paid.

We will not be liable to you or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the Order Confirmation.

 

13. SHIPPING AND DELIVERY

Subject to the provisions of Clause 11 above with regard to the availability of products, and unless any extraordinary circumstances occur, we will attempt to dispatch the order consisting of the product(s) detailed on each Order Confirmation prior to the delivery date bellow indicated:

• For Standard Series: 1-3 business days.
• For Custom Products (Custom Shop products): It will depend on the specific product and the customization technique chosen (we must respect drying times, nitrocellulose curing times, etc.), but we will always attempt to dispatch the order within the “Building Time & Shipping” shown on the specific Custom Product.
• If any extraordinary situation will occur that could delay the shipment (high demand, unforeseen circumstances, etc.), we will keep you promptly informed via email.

Otherwise, if no delivery date is specified, within 15 days from the date of the Order Confirmation.

Notwithstanding the above, delays may occur for any of the following reasons:

• Custom Products and/or Custom Orders.
• Specialized articles.
• Unforeseen circumstances.
• Delivery area.

If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. Please note in any case that we do not shipping on Saturdays or Sundays, or any local or national holiday (according to the Spanish calendar).

The delivery date will depend on the destination of the package and the courier service contracted, taking into account that all our orders are shipped from Spain.

For the purposes of these Conditions, it will be understood that “delivery” has occurred at the agreed delivery address and on the date agreed with the transport company, communicated via SMS and/or by e-mail.

 

14. PRE-ORDER AND BACKORDERS

We may make it possible to order items through our website before we have them in stock (“Pre-Order” and “Backorders” items).

When you order Pre-Order and/or Backorder items:

1. they will typically be delivered within 15 days to 1 month of the date of your Order Confirmation; any longer delivery times will be shown on the website at the time you place your order;
2. we will e-mail you a Shipping Confirmation when we have sent the Pre-Order and/or Backorder items out to you; and
3. you may cancel your order in the same way as any other order, see Clause 17 below for full details.

 

15. INABILITY TO DELIVER

If we are unable to deliver the goods after two attempts, we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you will not be at the delivery location of the order at the agreed time, please contact the transport company to arrange delivery on another day. You will have a maximum period of 15 days, from the date of Shipping Confirmation, to agree to the delivery of your order to the address indicated at the time of purchase. If after this period you have not collected your order, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, we will refund the price paid for such products, discounting the relevant shipping and management costs, as soon as possible and, in any case, within a maximum period of 30 days from the date on which, in accordance with the established in this Clause we consider the Contract resolved.

 

16. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

The risks of the products will be your responsibility from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including delivery charges, or upon delivery (as defined in clause 13 above), if this would take place at a later time.

 

17. PRICE AND PAYMENT

The price of each product will be the one stipulated at all times on our website, except in the case of obvious error. Although we try to ensure that all prices on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and any amounts paid will be fully refunded.

We will not be obliged to supply any product to you at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the error in the price is obvious and unmistakable and could reasonably have been recognized by you as the incorrect price.

The prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due.

Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you a Shipping Confirmation.

Once you have made your purchases, all the items you wish to purchase will have been added to your cart and the next step will be to process the order and make payment.

You can make payment with Visa, Mastercard and American Express cards, and with PayPal, Apple Pay and Google Pay.

By authorizing the payment, you are confirming that the credit card is yours.

Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.

 

17.1. SHIPPING COSTS

Shipping costs of each purchase will be the one stipulated at all times on our website.

Some countries may impose customs duties and/or customs clearance or handing fees, as well as other taxes. Finding That Tone takes no responsibility and will not pre-pay or refund any duties, taxes, and/or processing fees associated with shipping.

We also do not declare international shipments as “gifts” or under-declare values.

In the event that the package is retained in customs and was required the payment of any type of duty, tax or fee to the buyer, and the buyer refuses to do so, from Finding That Tone we will not be responsible for any type of cost. In this case we will not refund the amount or the product/s to the buyer either.

 

18. VALUE ADDED TAX

Pursuant to the provisions of Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of the items shall be understood as having been made in a location where Spanish VAT is in effect if the delivery address is in Spanish territory, with the exception of the Canary Islands, Ceuta and Melilla. The applicable VAT shall be at the prevailing rate depending on the specific item in question.

In the case of orders sent to the Canary Islands, Ceuta and Melilla, deliveries will not be subject to VAT pursuant to the provisions of Article 21 of Law 37/1992, subject to the application of the corresponding taxes and duties applicable in accordance with the prevailing legislation in each of these territories.

 

19. EXCHANGE/RETURN POLICY

19.1. LEGAL RIGHT OF WITHDRAW

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third-party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or email). Our contact details are below: [email protected]. You may use the attached model withdrawal form, but it is not mandatory.

If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (for example by email) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

19.2. EFFECTS OF WITHDRAWAL

If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods back. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

You shall send back the products or hand them over to us or a person authorized by us to receive the products, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

We may withhold reimbursement until we have received the products back.

You will have to bear the direct cost of returning the products. If you return the product to us at our expense, we will be entitled to charge you for the direct cost we incur as a result.

Please note that there are some legal exceptions to the right to withdraw, and some items can therefore not be returned or exchanged, such us for example custom products.  We will let you know if this applies in your particular case.

Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which you received them, labeled and in perfect condition.

No reimbursement will be made if the product has been used more than just inspecting it in such a way it could have been done in a physical store, for products that are not in the same condition as when they were delivered or when they have been damaged, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products. In any case, you must include with the product to be returned the ticket/invoice which you will have received when you purchase the product and/or the product was delivered.

You shall assume the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us at [email protected].

 

19.3. CUSTOM PRODUCTS

According to art. 103 of Ley 3/2014, de 27 Marzo, which amends the LOCM, art. 45 (Spanish regulations) and in accordance with the applicable European Union regulations, for customized products the Consumer’s Right of Withdrawal and Effects of Withrawal (clauses 19.1 and 19.2 respectively) will not be applicable, and therefore the consumer will not be able to withdraw from the purchase contract. Customized products are all those cataloged as “Custom Product”, “Custom Order” or under the seal “Custom Shop”.

Clause 19.4 regarding the Return of Defective Products does apply to Custom Products.

 

19.4. RETURNS OF DEFECTIVE PRODUCTS

In cases where you consider that at the time of delivery the product does not comply with what is stipulated in the Contract, you must contact us immediately at [email protected] providing the product details and the damage sustained taking proofs if necessary, like photos, videos and/or audios.

You must return the product to the address indicated on the ticket that you will receive with the product when it is delivered. Alternatively, the product can be returned by way of courier which is arranged by us.

We will carefully examine the returned product and will notify you by e-mail within a reasonable period if the product may be refunded or replaced (as appropriate). The refunding or replacement of the article shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming that the refund or replacement of the product is going ahead.

The amounts paid for the products returned due to any damage or defect, when it actually exists, will be reimbursed in full, including the delivery costs related to sending the article and the reasonable costs to you for returning it to us. The refund shall be paid by the same payment means you used to pay from the purchase.

We are not responsible and this clause does not apply when the malfunction or deterioration of any of our products has been caused by overvoltage, humidity/water, fire, or any event outside of intended use for which it was designed. Intended use will always be indicated in the documentation that accompanies each product.

 

20. WARRANTIES AND LIABILITY

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. 

This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

1. this website or our products or services will meet your requirements;
2. this website will be available on an uninterrupted, timely, secure, or error-free basis;
3. the quality of any product or service purchased or obtained by you through this website will meet your expectations.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

It is understood that the goods are in conformity with the Contract if they:

1. comply with the description given by us and possess the qualities that we have presented in this website,
2. are fit for the purposes for which goods of the kind are normally used and
3. show the quality and performance which are normal in goods of the same type and can which can reasonably be expected. To the extent permitted by law, we exclude all guarantees, except those that may not be excluded legitimately in favor of consumers and users.

The products that we sell, especially artisan and handcrafted products, often have the characteristics of the natural materials used in manufacturing them.

These characteristics, such as variations in grain, texture, knots and color, may not be considered defects or damage. On the contrary, you must count on their presence and appreciate them. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.

The provisions in this clause shall not affect your rights as a consumer and user, nor your right to cancel the Contract.

 

21. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure”).

Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

1. Strike, lockout or other forms of protest.
2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
4. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
5. Inability to use public or private telecommunication systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.

 

22. ASSIGNMENT

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

 

23. BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

 

24. INDEMNIFICATION

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and Conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

 

25. WAIVER

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

 

26. ENTIRE AGREEMENT

These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Pablo Turrado in relation to your use of this website.

 

27. UPDATING OF THESE TERMS AND CONDITIONS

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the end of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

 

28. CHOICE OF LAW AND JURISDICTION

These Terms and Conditions shall be governed by the laws of Spain. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Spain. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

 

29. COMMENTS AND SUGGESTIONS

Your comments and suggestions will be welcomed. We ask you to send us such comments and suggestions through our contact email and/or contact page.

 

Latest update: May 27, 2024

FINDING THAT TONE