General Purchasing / Terms and Conditions

General

1. These general terms and conditions of sale (the “General Conditions”) apply to distance sales of hardware products and downloading of software products by HERITAGE AUDIO (the “Products”), a Spanish company, with registered address in C/ Alfonso Gómez, 38, 3C – 28037- Madrid (Spain), holder of TAX ID B86262748, devoted to the manufacturing and sale of audio goods and equipment for companies and professionals of the sector. 
2. Modifications made to the General Conditions are automatically enforceable to the Buyer for orders issued subsequent to being communicated by any means to the Buyer.
3. The Vendor does not intent to sell large quantities of Products and reserves the right to refuse orders made for the same Product in large quantities.

Price

1. The Products’ prices are indicated in euros (or in the Buyer’s local currency when applicable i.e. dollars for the Buyers residing in the United States) all taxes included (VAT and other applicable taxes) excluding processing and delivery costs which may vary depending on the countries at stake and will be brought to the Buyer’s attention before the order is completed. The applicable price is the one indicated on the Buyer’s order summary. You will be informed, at the time of placing your order, of the available delivery method(s) as well as the applicable delays and related costs.
2. In the event of an order to a country other than Spain, you are the importer of the Product. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of the Vendor. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and/or bodies in your country. We advise you to check with your local authorities about these aspects.
3. The Vendor reserves the right to modify the General Conditions and prices at any time, but the Products shall be invoiced on the basis of the price agreed upon by the Party and in force at the time of the Buyer’s order confirmation. Our Product offers are valid as long as they are visible on the site, subject to stock availability. In the event of unavailability of a Product after placing your order, the Vendor will inform the Buyer by electronic means and the order will be automatically cancelled and no bank charges will be made.

Ordering. Order confirmation. Modification or cancellation

1. To order a Product, the Buyer must create an account on the Internet website users.heritageaudio.com or log in if he already has an account. This account will be accessible with an email and a password. By placing an order with the Vendor, the Buyer accepts application of the General Conditions and acknowledges (i) that the Buyer was fully informed by the Vendor of the Products characteristics as well as the use for which they are intended and (ii) that the Buyer received from the Vendor the information requested as well as the appropriate advices.
2. The Vendor undertakes to honour only firm orders issued by the Buyer via the Internet users.heritageaudio.com, confirmed in writing by electronic means by the Vendor. Any other method of ordering or sourcing by the Buyer is subject to a signed agreement between the Parties, without any obligation for the Vendor to accept.
3. The contract is effective as at the order confirmation’s date issued by the Vendor under the conditions mentioned on it (the “Contract”)

Right of withdrawal

The Buyer expressly agrees that the provision of software Product(s) for downloading occurs when the Buyer’s order is validated, and the Buyer expressly waives his right of withdrawal. No request for withdrawal, cancellation or refund will be accepted for the period subscribed. The waiver by the Buyer of his right of withdrawal for this content is formalised when the digital content order is validated.
Purchases of digital content cannot not give rise to exchange, refund or the exercise of a right of withdrawal.

Use of the Products by the Buyer

1. If the buyer purchase for a paid upgrade or a crossgrade on his product, then the new license delivered on this occasion becomes linked to the initial license. If the buyer wishes to resell or transfer his product then the licenses will be transferred or resold to the new purchaser.
2. If the buyer buys a set of several products as part of the same commercial offer, then the licenses for each product are linked and cannot be resold or transferred separately.
3. Licenses for free products offered by the seller acquired by the buyer are not transferable to another user account.
4. The Vendor cannot be held responsible for inconveniences of any type resulting from any use to the Product non-compliant with its purpose.

Upgrade definition: Update of the product granting the access to a new license on the buyer’s account.
Crossgrade definition: Preferential purchase offer for a product in the event that the customer already owns one or more other products of the brand.

Terms of payment

1. Validation by the Buyer of his order implies the obligation for the Buyer to pay the indicated price. Payment of the Product can be made according to the payment methods accepted by the Vendor as detailed on the Vendor website users.heritageaudio.com before final validation of the order.
2. In the context of a purchase, the payment is considered complete when the full amount is received. The buyer then becomes the owner of his product and therefore of his license. The buyer will thus be able to benefit from new commercial offers.

Intellectual property

1. Any use, in whole or in part, of the Products for purposes other than their intended use, is strictly prohibited.
2. All texts, works, illustrations, images and software reproduced or represented on the Vendor’s website are strictly reserved under copyright and intellectual property law. According to applicable provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to different provisions of the Intellectual Property Code. Any reproduction or representation, in whole or in part, of the Vendor’s website users.heritageaudio.com or of all or part of the elements included on this website for purposes other than their intended use, is strictly prohibited.
   The corporate names, trademarks and other distinctive signs reproduced on the Vendor’s website are protected under applicable law. The reproduction or representation of all or part of one of the above-mentioned signs is strictly prohibited and must be subject to prior written authorization by the rights’ owner.
3. When downloading a Software Product under these General Conditions, the Buyer is granted a licence to use it. Any use in breach of these General Conditions and of specific licenses related to software Products is strictly prohibited. It is the Buyer’s responsibility to read and comply with applicable terms and the conditions and license relating to Software Products. 
   Software Products may contain identification information and/or technical measures to control and restrict use, or to protect against third parties. The Buyer shall not interfere with these terms or measures and/or try to modify or delete them.
   The Buyer is authorized to copy, download, install and use the Software Product in accordance with applicable terms of related licence. 
   The Buyer may make a backup copy of the Software Product, to be used only for storage purposes.
4. All copyrights and intellectual and industrial property rights (patents, corporate names, trademarks, signs, logos and any distinctive signs, software etc.) as well as all technical, industrial, commercial or financial documents belonging to the Vendor are and shall remain the Vendor’s property. The Buyer formally agrees not to copy, reproduce or duplicate in full or in part any item subject to intellectual property rights owned by the Vendor as well as the Products provided by the Vendor without its prior written consent.

Transmission of documents. Unless otherwise unequivocally expressed by the Parties in writing, the contractual documents issued by the Vendor are sent to the Buyer by electronic mail and/or in any other appropriate way. All transmissions sent to the electronic mail address indicated by the Buyer are considered to be received by the Buyer the same day they are sent.

Force majeure

1. The Parties cannot be held responsible for the damaging consequences resulting from failure to perform or delay in performing their obligations due to the following: (i) a case of force majeure recognised under applicable law or jurisprudence; (ii) a fire or weather conditions, a strike or blockage on a national scale resulting in a shortage of transport, insurrections, riots or wars; (iii) an internal strike whatever the cause; or (iv) a significant contractual imbalance to the detriment of one of the Parties subsequent to an unforeseen change of circumstances external to the Parties (notably in case of application of any prescription or new legal or regulatory restriction significantly affecting the operational processes).
2. If one of these events occurs, the victim Party shall immediately inform its co-contracting Party in order to negotiate the conditions for pursuing the contractual relation.
3. If the duration of the impossibility of performing obligations is greater than (30) days, the Parties agree to meet so as to negotiate in good faith adaptation of the Contract. The Parties shall each make their best efforts to reduce the effects of the case of force majeure. If no reasonable agreement can be reached, each Party may terminate the Contract unilaterally.

Vendor’s responsibility

1. The Products offered comply with current Spanish legislation. The Vendor cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. It is the Buyer’s responsibility to check with local authorities the possibilities of using the Products or services before placing any order.
   Illustrations and photos are provided for illustrative purposes. Please see each Product description to know its precise characteristics.
2. It is the Buyer’s responsibility to backup any data contained in the Products purchased. The Vendor shall not be liable for any loss of data, files or damage resulting from absence of backup of data. Impossibility to use the Products, in whole or in part, resulting notably from equipment incompatibility, may not give rise to any compensation or reimbursement or liability on the part the Vendor.
3. The Vendor shall not be liable in case of independent technical problems such as: communication problems due to the Buyer’s Internet service provider (slow connexion, interruption, heavy traffic etc.), constraints and limitations of the Internet network, particularly in terms of transmission of information data via the networks and data breach. For technical reasons, in particular maintenance or network failure, a temporary interruption of services is possible.
4. The Buyer is solely responsible for the use he makes of the Product, and cannot hold the Vendor liable for any claim and/or procedure against him arising out or linked to such use.
   The Vendor shall in no event be liable for any damages resulting from improper use of the device by the Buyer.

Data protection

1. The personal data you provide is collected and processed by Heritage Audio, for the purposes of administrating and delivering your purchase.
2. The recipients of your data are third parties service providers. These recipients may be located outside the European Union. In the event of transfers of your personal data outside the EU, your personal data is handled according to the Privacy Shield Framework, or in accordance with standard contractual clauses for the transfer of personal data to processors established in third countries as edicted by the European Commission signed between Heritage Audio and the service provider.
3. For more details of our use of personal data please read our Privacy Policy, visit https://users.heritageaudio.com/privacy-policy/

Governing law. Court jurisdiction

1. All disputes relating to the General Conditions are subject to the laws of Spain. In the event of a dispute, Spanish courts shall have sole jurisdiction.
2. Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
   This platform is available at the following link: https://webgate.ec.europa.eu/odr/

Validity of the General Conditions

If one of the clauses of the General Conditions is considered invalid, illegal or inapplicable, the validity, legality and applicability of all the other clauses shall in no way be affected or altered. In such event, the Parties agree to substitute a valid and enforceable provision therefore which, as nearly as possible, achieves the desired legal and economic effect and mutual understanding of the Parties under this General Conditions.