TERMS OF USE

1. GENERAL INFORMATION

The ownership of this website www.soundtoro.com, (hereinafter Website) is held by: FREE MUSIC PROJECTS S.L, provided with NIF: B86488244 and registered in: Registro Mercantil de Madrid; and whose registry details are: Volume 30016, Folio 80, Page M-540218, and whose contact details are:

Contact email: info@soundtoro.com

EThis document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.soundtoro.com) and the contracting of services on it (hereinafter, Conditions).

For the purposes of these Terms and Conditions, SoundToro's activity through the Website is deemed to include:

  • In-Store music services for commercial establishments and public places.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and General Conditions of Use, including, the cookies policy, and SoundToro's privacy and data protection policy. By using this Website and/or requesting to purchase a service through this Website, you agree to be bound by these Terms and Conditions and all of the above, and if you do not agree to all of the above, you should not use this Website.

It is also reported that these Conditions may be modified. The User is responsible for consulting them every time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions you can contact the owner using the contact details provided above or, where appropriate, using the contact form.

 

2. THE USER

Access, browsing and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so that they accept, from the moment they start browsing the Website, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • Use this Website only to make legally valid enquiries and/or service contracts.
  • Not to make any false or fraudulent recruitment. If it could reasonably be considered that a contracting of the service of this nature has been made, it could be cancelled and the relevant authorities will be informed.
  • Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use)..

El Usuario declara ser mayor de 18 años y tener capacidad legal para celebrar contratos a través de este Sitio Web.

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.

 

3. SERVICE CONTRACTING PROCESS

Duly registered Users may contract the service on the Website by the established means and in the established ways. They must follow the online contracting procedure of www.soundtoro.com, during which the musical ambience service offered can be contracted, finally, by clicking on: "Start Free Trial Period". This trial period will be completely free of charge. At the end of the trial period, if the User has not cancelled the subscription, the service will be charged, with the first day of the trial period being considered the date of contracting.

Likewise, the User must fill in and/or check the information requested at each step, although, during the contracting process, before making the payment, the data can be modified.

Once the contracting procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via his or her personal space connected to the Website.

The User acknowledges being aware, at the time of contracting the musical service, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and according to each case: characteristics of the service, duration of Licenses contracted, prices, forms of payment; and acknowledges that the realization of the contracting materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

 

4. PRICES AND PAYMENT

The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless by legal requirement, especially with regard to VAT, a different matter is indicated and applied.

The accepted means of payment will be: Credit or debit card, PayPal, and bank transfer. 

Also, the User may pay all or part of the purchase price with a discount coupon issued by SoundToro and / or FREE MUSIC PROJECTS SL.

SoundToro uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if the issuing bank does not authorize payment, SoundToro will not be liable for any delay or non-delivery and cannot enter into any contract with the User.

Once SoundToro receives the purchase order from the User through the Website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where applicable, location specified.

If the payment method is PayPal, the charge will be made when SoundToro or Free Music Projects S.L. sends a confirmation of the contracting of the service to the User.

In any case, by clicking on "Start Free Trial Period" the User confirms that the payment method used is his or her own, or that, if applicable, he or she is the legitimate holder of the discount coupon.

 

5. SERVICE ACTIVATION

The service will be activated as soon as you click on "Start Free Trial", provided that all the information filled in is correct.

At the end of the Trial Period, the amount will be charged, at which time an invoice will be issued and will be available in the User Area. Once the charge has been made, the personalised Certificate issued by SoundToro and/or Free Music Projects S.L. will also be available for download in the User Area

 

6. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her contracting of the service on the Website, he/she may modify the same by contacting SoundToro through the contact spaces provided on the Website, and, where appropriate, through those provided to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on "Start Free Trial Period", has access to the space where their purchase requests are recorded and can make changes.

 

7. SERVICE CANCELLATIONS

In cases where the User acquires products on or through the Website of the owner, he/she is entitled to a number of rights, as listed and described below:

 

8. RIGHT OF WITHDRAWAL

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to cancel the purchase within 14 calendar days without justification.

This withdrawal period will expire 14 calendar days from the day of the conclusion of the contract, on which the User or a third party authorized by the User requested the service by clicking on "Start Free Trial Period" on the SoundToro Website.

To exercise this right of withdrawal, the User must notify SoundToro of their decision. You may do so, where appropriate, through the contact spaces provided on the Website, by canceling the subscription on the button provided for this purpose.

In order to meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In this same sense governs the provision of a service that the user could hire on this website, as this same law states that will not attend the right of withdrawal to users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by SoundToro, will have lost its right of withdrawal.

 

9. DISCLAIMER OF LIABILITY

SoundToro limits its liability in the following cases:

  • SoundToro makes every effort to provide a faithful display of the product on the Website, however SoundToro is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser being used or other such issues.
  • Technical failures that for fortuitous or other reasons, prevent normal operation of the service via the Internet. Lack of availability of the website for maintenance or other reasons, which prevents the availability of the service. SoundToro puts all the means at its disposal in order to carry out the process of recruitment, payment and activation of the service, however is exempt from liability for causes that are not attributable to him, fortuitous event or force majeure.
  • SoundToro shall not be liable for any misuse of the service by the User. 
  • In general, SoundToro shall not be liable for any failure or delay in the performance of any of its obligations where such failure or delay is due to events beyond its reasonable control, i.e. due to force majeure, which may include, but is not limited to, but is not limited to:
  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunications systems.
  • o Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Thus, the obligations will be suspended for the period during which the force majeure continues, and SoundToro will have an extension of time to perform them for a period equal to the duration of the force majeure. SoundToro will use all reasonable endeavours to find a solution that will enable SoundToro to perform its obligations despite the force majeure.

 

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with SoundToro will be electronic (email or notices posted on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that SoundToro sends electronically comply with legal requirements to be in writing. This condition shall not affect the User's statutory rights.

The User may send notifications and/or communicate with SoundToro through the contact details provided in these Terms and Conditions and, where appropriate, through the contact areas on the Website.

Likewise, unless otherwise stipulated, SoundToro may contact and/or notify the User at their email or postal address provided.

 

11. WAIVER

No waiver by SoundToro of any particular legal right or remedy or SoundToro's failure to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising out of any contract or the Terms, or relieve the User of any of its obligations.

No waiver by SoundToro of any of these Terms or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is made and communicated to you in writing.

 

12. NULLITY

Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

 

13. COMPLETE AGREEMENT

These Terms and Conditions and any documents expressly referred to herein constitute the entire agreement between the User and SoundToro relating to the subject matter of the sale and purchase and supersede any prior agreements, understandings or promises made orally or in writing by the same parties.

You and SoundToro acknowledge that you have consented to enter into a contract without having relied on any representations or promises made by the other party, except as expressly set out in these Terms.

 

14. DATA PROTECTION

The information or personal data that the User provides to SoundToro in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website the User consents to the processing of such information and data and declares that all information or data provided by the User is truthful.

 

15. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law..

Any controversy, problem or disagreement arising out of or relating to the access, browsing and/or use of the Website, or the interpretation and performance of these Terms, or the sales contracts between SoundToro and the User, shall be submitted to the non-exclusive jurisdiction of the courts of Madrid and Spanish Courts.