Meridian Gongs, S.L. (hereinafter referred to as “Meridian Gongs” or the “Seller”) provides you with an online shopping service that allows you to purchase the items available in our online shop.

We now invite you to review the general conditions of sale (hereinafter referred to as the “GCS” or “General Conditions of Sale”) which govern the conditions governing the use of this Website and the purchase or acquisition of products through the website www.meridiangongs.com (the “Website”). In this sense, the use of this Website constitutes, to the extent applicable to you, your acceptance of these general terms and conditions of sale. However, if you have any questions about them, you can contact our Customer Service Department.

These general conditions have been drawn up in accordance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce and Royal Legislative Decree 1/2007, of 16 November, approving the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws.

ARTICLE 1. GENERAL AND CONTACT INFORMATION

The ownership of this Web Page is held by MERIDIAN GONGS, S.L., a Spanish commercial entity, with CIF B70653035 and whose contact details are:

Registered office: c/ Barcelona 20 Local 2 - 43850 Cambrils - Tarragona
Contact telephone number: +34 678 257 743
Contact email: info@meridiangongs.com

ARTICLE 2. SUBJECT MATTER

The purpose of these GCS is, on the one hand, to inform potential buyers of the conditions and procedures under which the seller proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by Meridian Gongs to the customer (hereinafter referred to as the “Buyer”). These GCS shall apply, without restriction or reservation, to all sales of products offered by Meridian Gongs via the Website.

Consequently, the fact of placing an order for products offered for sale on the www.meridiangongs.com website implies full and complete acceptance by the Buyer of these GCS, knowledge of which is acknowledged by the Buyer prior to placing the order.

Meridian Gongs reserves the right at any time to unilaterally modify these GCS. However, the GCS applicable to the Order shall be those accepted by the Buyer at the time of placing the Order.

These GCS are supplemented by the general conditions of use of the Website and by the provisions of the Privacy Policy and the Cookies Policy.

ARTICLE 3 - FORMALISATION OF THE CONTRACT AND ORDERS

3.1 Tariffs

The selling price, indicated in euros, of the products offered on the Meridian Gongs Website shall be the price in force at the time the order is placed (hereinafter referred to as the “Order”). The Order is understood to be that which is described in point 3.4 of these GCS). The selling price of the products displayed on the Website may be modified at any time by Meridian Gongs, the price to be applied to the purchase being the price displayed on the screen at the time the Order is placed. This price shall be the price applicable in the context of distance selling.

The price does not include shipping costs, which will be invoiced in addition to the price of the products purchased. The shipping costs will be indicated before the Buyer registers the Order. The different delivery and shipping methods are set out in section 5.1 of these GCS and will be displayed on the Website; the shipping methods may be modified by Meridian Gongs at any time. Meridian Gongs therefore recommends that purchasers regularly consult the general terms and conditions of sale appearing on the Website.

Prices are inclusive of Value Added Tax (VAT). Any change in the applicable rate will be automatically reflected in the price of the products sold by Meridian Gongs on the Website.

3.2 Product characteristics

The Buyer may select one or more products from the different categories offered by Meridian Gongs on the Website.

Without prejudice to the Orders placed by the Buyer, Meridian Gongs may at any time modify the range of products offered for sale on the Website, in particular as a result of restrictions linked to its suppliers.

In accordance with the applicable regulations, the Buyer shall have the possibility, prior to placing the Order, of finding out on the Meridian Gongs website the fundamental characteristics of the products he wishes to purchase.

The products shall comply with the requirements of the Spanish legislation in force. Meridian Gongs shall not be held liable in the event of non-compliance with the legislation of the country other than Spain where the product is to be delivered (e.g. in the event of a product ban, etc.). It is the Buyer's responsibility to verify with the local authorities of the country other than the country of delivery of the products the limits applicable to the importation and use of the products and services he wishes to purchase.

For any queries concerning the products or for additional questions or requests for advice, the Buyer may contact the Meridian Gongs team by telephone at Customer Services on +34 678 257 743.

3.3 Availability

The products displayed on the Website are valid for as long as they remain advertised on the Website and, in any case, while stocks last. In the case of products which are not in stock, the validity of the offers presented by Meridian Gongs shall be subject to the availability of the products. At the time of placing the Order, the Ordering Party shall provide the Buyer with information which, in principle, is available on the availability of the products. As this information comes directly from our suppliers, errors or modifications may exceptionally occur and the Buyer will not have the actual information until the time of purchase.

In any case, in the event of total or partial unavailability of the products after the Order has been placed, the Purchaser will be informed by e-mail, as soon as possible, of the unavailability of the product and the total or partial cancellation of the Order.

In case of total cancellation of the Order:

The Buyer's Order will be automatically cancelled and if payment has not been made, no charge will be made to the Buyer's bank account.
Meridian Gongs Customer Service will contact the Buyer to inform him of the cancellation of his Order and to offer him the possibility of renewing the Order, with the exception of the unavailable product.
If payment has already been made, the order may be cancelled as long as it has not left Meridian Gongs' premises, in which case the Buyer shall be reimbursed the full amount of the order as soon as possible. In the event that the order has already been prepared, the Buyer must refuse delivery and bear the delivery costs.
Meridian Gongs Customer Service will contact the Buyer to inform him of the cancellation of his Order and to offer him the possibility of renewing the Order.

In case of partial cancellation of the Order:

The Buyer's Order will be validated and the full amount of the Order will be debited from the Buyer's bank account.
Available products will be delivered to the Buyer.
The Buyer shall be reimbursed the price of the ordered product which is not available, as soon as possible.

3.4 Ordering

The placing of an Order is equivalent to the acceptance of these GCS, the stipulations set out in the Legal Notice, as well as declaring that you have read and are aware of the Privacy Policy and the Cookies Policy, without prejudice to any special conditions that the Parties may agree.

The Buyer shall be given the opportunity to check the details of his Order and to correct any errors.

As soon as the Buyer confirms his Order by clicking on the «Place Order» icon (hereinafter the “Order”), he shall be deemed to have accepted with full knowledge of the contents and conditions of the Order in question and, in particular, these General Conditions of Sale, the fact that his Order implies for him an obligation to pay, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.

Once this phase has been validated and the order has been prepared, the Buyer may no longer cancel his Order. The sale shall be final (subject to the exercise by the Purchaser of his right of withdrawal under the conditions set out in article 6 of these General Conditions of Sale). The Order shall be confirmed by Meridian Gongs by sending an email to the Buyer (the “Order confirmation email”).

A second e-mail will be sent to the Buyer at the time of dispatch of his Order.

Meridian Gongs recommends that the Buyer keeps these two e-mails. The Buyer is informed that the two aforementioned e-mails will be sent to the e-mail address provided for identification purposes during the registration process, prior to placing the Order.

Furthermore, Meridian Gongs accepts no liability in the event of an error in the entry of the email address or non-receipt of the order confirmation email. In such cases, the sale shall be final, except in the event of cancellation of the Order by Meridian Gongs, particularly in the case of products which are not available. However, the Purchaser may exercise his right of withdrawal under the conditions set out in article 6 of the present General Conditions of Sale.

Once the Order amount has been collected, an email will be sent with your electronic invoice.

In accordance with the applicable regulations, Meridian Gongs reserves the right to refuse or cancel for legitimate reasons any Order in which the number of products or the amount to be paid (for a single order or for several cumulative orders) or other elements are such as to indicate that the Buyer is carrying out an economic activity related to the products ordered or, more generally, any abnormal Order in accordance with the case law applicable to the case.

Finally, Meridian Gongs reserves the right to suspend or cancel the execution and/or delivery of an Order, regardless of its nature and degree of execution, in the event of non-payment or partial payment of the amounts owed by the Buyer, in the event of payment incidents or in the event of fraud, whether committed or attempted, in connection with the use of the Meridian Gongs Website, including fraud committed in connection with previous Orders.

ARTICLE 4 - PAYMENT

4.1 Means of payment - Bank cards

The means of payment through which you can make purchases on the Website are bank card and bank transfer. The following bank cards are accepted on the Meridian Gongs website: Visa, MasterCard and American Express.

All bank card holders are subject to validation and authorisation checks by the card issuer. If the issuer of the purchaser's payment card refuses, or for any reason does not authorise payment in our favour, whether prior or subsequent to a payment, we shall not be liable for any delay or non-delivery.

4.2 Methods of payment

All Orders must be paid in Euros, including all mandatory taxes and duties. Any bank charges shall be borne by the Buyer (including in the event of reimbursement).

4.3 Security in payment transactions

In order to ensure the security of payments made by bank card, the Buyer shall communicate to Meridian Gongs the visual cryptogram (CVV) on the back of the bank card used by the Buyer.

As part of the fight against fraud on the Internet, data relating to the Buyer's Order may be communicated to third parties authorised by law or designated by Meridian Gongs, for the sole purpose of verifying the identity of the Buyer, as well as the validity of the Order, the means of payment used and the planned delivery.

Once this check has been completed, Meridian Gongs reserves the right to request a photocopy of the Buyer's identity document and/or any other data relating to the Buyer's identity. The Buyer has the rights conferred on him by the regulations on the protection of personal data as set out in the MERIDIAN GONGS Privacy Policy.

Meridian Gongs uses a secure payment tool called «REDSYS». The security of the payment is based on the authentication of the Buyer and the confidentiality of all data. To guarantee this security, the tool uses proven cryptographic techniques and complies with the requirements established in the various banking regulations applicable in Spain.

ARTICLE 5 - DELIVERY AND TAKE-OVER

5.1 General provisions

Products ordered by the Buyer in accordance with the provisions of these GCS may be delivered or collected, at the Buyer's choice, in the following manner:

At the address indicated by the Buyer as the delivery address for the relevant Order (hereinafter referred to as the “Delivery Address”). Meridian Gongs only delivers to Spain including the Balearic Islands. Deliveries are also made to the Canary Islands and the countries of the European Union and Great Britain at an additional cost. We do not deliver to Ceuta and Melilla. In this case, the Buyer or the recipient of the Order will receive the products via the carrier chosen by Meridian Gongs, and must sign an electronic acknowledgement of receipt. The aforementioned electronic acknowledgement of receipt will serve as proof of delivery of the Order by Meridian Gongs.

If the Purchaser of the Order is absent from the address provided at the time of delivery of the Orders, the carrier will attempt to redeliver the package on the next working day.

In the event that the recipient is absent a second time at the address provided during the purchase process, the buyer or the recipient of the Order will receive a notice of arrival, an email and/or SMS, informing them that their Order will be available for collection during the following 15 days at the headquarters of the corresponding transport company.

If within 15 days after the second unsuccessful delivery attempt, the parcel will be returned to Meridian Gongs and the money refunded to the Buyer, by any means of payment, at Meridian Gongs' choice, delivery and return costs previously deducted.

No complaint regarding delivery shall be accepted if the parcel is shown as delivered, for which purpose the carrier's computer system (identification) shall be reliable.

5.1.1 Shipping cost of the order

Orders for standard shipments in Peninsula will have a cost of twelve euros (12 €) including 21% VAT, although it may vary according to kg and cubic volume of the package. In case of orders outside the standard and/or shipments outside the Peninsula, the shipping cost will be determined at the time of the summary of the purchase.

5.2 Abnormalities, damage or damaged packages

5.2.1 General provisions

The Buyer, or the recipient of the Order, is recommended to check the external condition of the package and the products upon delivery.

In the event of an anomaly relating to the package (damaged package, open package, etc.) or relating to the product(s) ordered (missing product(s), damaged product(s)), the Buyer must imperatively follow the procedure that corresponds, from among those described below (in articles 5.3.2 and 5.3.3.3 of these General Conditions of Sale), to the status of the Order. Failure to comply with the appropriate procedure shall exclude the possibility of recourse against the carrier and against Meridian Gongs. In particular, the Buyer shall not be entitled to claim any reimbursement. The Buyer, or the recipient of the Order, shall also not be entitled to require Meridian Gongs to replace the products ordered.

The Buyer or the recipient of the Order will also be able to call Meridian Gongs Customer Service to find out how to return the damaged product(s). In this case, the Buyer shall be obliged to follow the procedure for the return of damaged products indicated to him by Meridian Gongs Customer Services. Otherwise, the Buyer shall not be entitled to claim reimbursement or replacement of the products concerned.

5.2.2 Procedures to be followed in case of a damaged package

- In the event of an incident detected in the presence of the transport company:

- Clearly state the incident in detail and make a note of the damage on the delivery note. Failure to record the damage at the time of delivery shall release Meridian Gongs from its obligation to replace and exchange the goods.

- Please inform Meridian Gongs Customer Service or info@meridiangongs.com, within 24 hours.

- In the event of incidents detected without the presence of the transport company:

- Report the anomaly to Meridian Gongs Customer Service via the following means:

E-mail: info@meridiangongs.com
Phone: +34 678 257 743

The notification of incidents and the formulation of complaints must be made as soon as possible and, in any case, within 24 hours of delivery of the product.

5.2.3 Procedures to be followed in case of missing or damaged product

The Buyer must notify Meridian Gongs Customer Services of the absence or deterioration of the product by the means specified in the previous paragraph. Meridian Gongs Customer Services may request any information relating to the identity of the Buyer or the recipient of the Order and may carry out any checks that may be necessary in this case.

5.3 Delivery deadlines

Delivery times begin to count from the sending of the order confirmation email, except for payments by bank transfer, which will begin to count from the receipt of the transfer by Meridian Gongs and will be communicated to the buyer before finalising the purchase.

In the event that delivery times are exceeded for any reason other than force majeure, the Buyer shall have the option of cancelling his Order.

ARTICLE 6 - WITHDRAWAL RIGHTS AND WITHDRAWAL PERIODS

You have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 calendar days after the day on which you or a third party other than the carrier and indicated by you acquires the material possession of the goods. In order to exercise the right of withdrawal, you must notify us at info@meridiangongs.com of your decision to withdraw from the contract. You may use the model withdrawal form below, although its use is not compulsory. In order to meet the withdrawal deadline, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.

6.1. Consequences of Withdrawal

In case of withdrawal by you, we may replace the returned products with other products marketed by Meridian Gongs or we will refund the payment received from you for the returned goods, except for the direct shipping costs.

In case of replacement of the returned products by other products marketed by Meridian Gongs, the direct costs of shipping and return shall be borne by the purchaser.

The products must be returned to Meridian Gongs in a state suitable for marketing (products in perfect condition, accompanied by their original packaging, accessories, leaflet, certificates, gifts, etc.).

Products must be accompanied by a copy of the invoice, it is the Buyer's responsibility to pack the products so that they arrive correctly at Meridian Gongs' premises.

In the event that the Buyer has benefited on the Website from a purchase offer, entitling him, under certain conditions, to one or more products offered in return for his Order, and that as a result of his exercise of the right of withdrawal he loses the right to this offer, the Buyer must return, together with the products affected by the withdrawal, the product or products he has received in return for his Order so that Meridian Gongs can take his withdrawal request into consideration.

You must return or deliver the goods directly to us at the address provided by us c/ Barcelona 20 Local 2 - 43850 Cambrils (Tarragona), Spain, without undue delay and, in any event, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. Product returns made after this period will not be accepted.

The return of the goods shall be at the buyer's expense. Meridian Gongs will not accept courier or parcel delivery freight collect.

In the event that the Purchaser does not effectively prove that he has insured the deposit of the product with the carrier or at the establishment, the risks associated with the return of the product shall be borne by the Purchaser.

Once the returned products have been received at Meridian Gongs' premises, and it has been checked that they are in perfect condition and have not deteriorated through misuse, the refund of payment will be made without undue delay and, in any case, no later than 30 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement and you will not incur any costs as a result of the reimbursement.

You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

6.2. Products excluded from the right of withdrawal

The right of withdrawal shall not apply to contracts relating to:

a) The following instruments cannot be returned: Handpan/Pantam, Monochords, Drums and Tamburas.
(b) the supply of goods made to the specifications of the consumer and user or clearly personalised.
(c) the supply of goods that are likely to deteriorate or expire rapidly.
(d) the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
(e) the supply of sealed audio or video recordings or sealed software which has been unsealed by the consumer and user after delivery.

Also excluded are products that have been modified, repaired, integrated or added by the Buyer. And if the returned products have been damaged during the return transport or as a result of misuse.

6.3. Model withdrawal form

For the attention of the Customer Service Dept.
I/We hereby inform you that I/we withdraw from our contract of sale of the following good (name of the product)
Ordered on/received on (date of order)
Order number
Name(s) of the consumer(s) and user(s)
Domicile of the consumer and user or consumers and users
Signature of the consumer and user or consumers and users
Date

ARTICLE 8 - SIGNATURE AND PROOF

Meridian Gongs works to protect the personal data of its customers by ensuring a high level of security; however, the Buyer must also participate in the protection of his personal data. In particular, the Buyer must maintain the security of his online transactions, for example by not communicating his identifier (email address of the Buyer) and/or his password to anyone, and by regularly changing his password. In this respect, Meridian Gongs accepts no liability whatsoever for the disclosure of data concerning the Buyer to any person using the Buyer's identifier (the Buyer's e-mail address) and/or the Buyer's password.

In this respect, the use of the Purchaser's identifier (the Purchaser's e-mail address) and/or the Purchaser's password shall be proof of the Purchaser's identity and of the enforceability, at the time of validation of the Order, of the corresponding amounts.

Meridian Gongs accepts no liability whatsoever for the fraudulent use of this data. The communication of the bank card number and the final validation of the Order shall serve as proof of acceptance of the said Order and of the enforceability of the amounts committed for the reservation of the products appearing on the Order. The computer records, kept in the computer systems of Meridian Gongs and its partners, shall be considered as proof of the communications, Orders and payments made between the Parties.

ARTICLE 9 - CUSTOMER SERVICE / MEDIATION SERVICE

For any further information, queries regarding the status of an Order or a return, or complaints regarding an Order, you can contact Meridian Gongs Customer Service by telephone on +34 678 257 743 during the opening hours indicated under “Contact” on the Website or by sending an e-mail to info@meridiangongs.com.

ARTICLE 10 - LIABILITY

10.1 Capacity

Prior to placing his Order, the Buyer declares that he has full legal capacity to be bound by these General Terms and Conditions of Sale. Consequently, in the event that a person who does not have legal capacity places an Order for goods on the Meridian Gongs Website, the legal guardians of this person (in particular, parents or guardians) are fully responsible for this Order and, in particular, must pay the price of this Order.

10.2 Limitation of liability

The liability of Meridian Gongs for the obligations set out in these General Terms and Conditions of Sale shall not be engaged where the non-fulfilment of these obligations is attributable to the acts of third parties, even if such acts were foreseeable, to the fault of the Buyer or to the occurrence of a circumstance of force majeure, as defined by the applicable jurisdiction, or to any other circumstances which are reasonably beyond the exclusive control of Meridian Gongs. The information available on the Website is provided without any warranty, either express or implied, as to the completeness, accuracy, timeliness, non-infringement, availability, reliability or completeness of the data, products, accessories or services appearing on the Meridian Gongs Website or as to their suitability for the Buyer's intended use. Meridian Gongs DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, DIRECT OR INDIRECT, WHETHER FOReseeable OR NOT, INCURRED IN CONNECTION WITH THE USE OF THE WEBSITE. In the event that Meridian Gongs' LIABILITY FOR LOSSES SUSTAINED BY THE PURCHASER RESULTING EXCLUSIVELY FROM THE PLACEMENT OF THE ORDER IS ESTABLISHED, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE PURCHASER TO Meridian Gongs.

ARTICLE 11 - PROTECTION OF PERSONAL DATA

In order to process the Order, Meridian Gongs will collect the Buyer's personal data. The Buyer is hereby informed that the Data Controller is MERIDIAN GONGS, S.L., with CIF B70653035 and that their data will be processed in accordance with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of 27 April 2016 (RGPD) on the protection of natural persons with regard to the processing of personal data and the free movement of such data, whereby we inform you that your data will be processed for the main purpose of maintaining and managing the contractual relationship with the Buyer. We also inform you that you have the right to access, rectify and delete your data, as well as other detailed rights as detailed in the Privacy Policy.

ARTICLE 12 - MISCELLANEOUS

12.1 Partial invalidity

Should one or more of the provisions of these GCS be deemed invalid or declared invalid by application of any law, regulation or as a result of a final decision of a competent authority, the remaining provisions shall remain in full force and effect.

12.2 Exclusion of waiver

The failure of either Party to exercise its rights in the event of a breach by the other Party of any of its obligations under these GCS shall not be construed as a waiver of any future breach of the obligation in question.

12.3 Applicable law and competent jurisdiction

These General Terms and Conditions are governed by the laws of Spain. The parties submit, at their choice, to the courts and tribunals of the domicile of Meridian Gongs for the resolution of conflicts, renouncing any other jurisdiction.

12.4 Validity

The GTC shall apply for the entire period during which the products offered by Meridian Gongs remain online. In any case, the provisions of “Article 10. Liability” shall remain in force after the termination of the GTC.

TERMS AND CONDITIONS REVIEW DATE: June 2026