Terms of Sale

The items sale and provision of services from Ludimusic, trademark of the company Ludimax.com, Trading, Lda, is governed by the rules and conditions described on the following chapters, in accordance with the legal provisions and accepted practices by the general trade of products and services of the national Portuguese market and European Union.

These commercial conditions are accepted by the buyer of products or services that are commercialized by Ludimusic, usually named as consumer, and these are the conditions applied in every purchase made in every Ludimusic selling channel. The contradiction, between one or more commercial conditions written in this document, is considered a plausible reason for not applying, in that individual case, the non-conforming condition or conditions, without prejudice to the others.

Selling Prices with included VAT at the legal Portuguese rate – 13% and 23%

The legal conditions related to the VAT are provided in Article n. 18 of the Value Added Tax Code (VATC).

The tax rates applicable in mainland

Portugal, under the Article 18(1) of the VATC, are: i) For imports, transfer of

goods and services included in List I annexed to the VATC, the reduced rate of

6%; ii) For imports, transfer of goods and services included in List II annexed

to the VATC, the intermediate rate of 13%; iii) For all other imports, transfer

of goods and services, the standard rate of 23%.

On December 29^th, with the entry

into force of Law n.114/2017, it was added to the List II annexed to the VATC,

the item “2.7 – musical instruments”. Thus, the intermediate VAT rate (13%) is

applied to the sale of musical instruments.

In 2018, it was clarified that when the

transmission of parts, pieces and accessories of musical instruments is

involved, as well as the provision of repair or maintenance services of the

same, such operations do not fall under the referred item and the normal rate

of 23% is applied to them.

Thus, the selling prices of the catalogue

items and services advertised in any Ludimusic selling channel include VAT at

the statutory rate of 13% for musical instruments and 23% for accessories.

VAT Exempt Selling Price

According to Article 14, under Section III, entitled “Exemptions on exports, operations assimilated to exports and international transport” of the VATC, transfer of goods dispatched or transported outside the European Community by the seller or by a third party on his behalf are exempt from tax.

As well as the transmission of goods and/or

services for inter-community purposes, is exempted under article 14 a) of the

VAT Regime applicable to Intra-Community Transactions (RICT)

Change in Selling Prices

Ludimusic reserves the right to change the selling prices applicable to the products in all Ludimusic selling channels, both physical or online shops, without further notice. However, orders that have already been placed will, as a general rule, be honored based on the prices in effect at the time of purchase. Exceptions apply in cases of computer error, pricing listing errors, or other unforeseen circumstances that may affect the accuracy of the final price. In these situations, the customer will be contacted immediately with an appropriate solution, which may include a revision of the order price or its cancellation, with proper justification and a full refund if applicable.

Online Prices, Indicative Exchange Rates

The online catalogue has a feature to display sale prices in different currencies at the daily official exchange rate of the European Central Bank. However, the exchange rates shown are purely indicative, in order to provide customers with a richer online shopping experience and do not commit Ludimusic in any way to the final purchase prices shown on the customer invoice.

All items purchased at the online shop will be invoiced and paid in euros and include VAT at the legal rate applied in Portugal - as described in Chapter 2 of the Terms of Sale herein - representing 13% for musical instruments and 23% for accessories and services related to the repair and/or maintenance of musical instruments.

Selling Prices - International

All prices are inclusive of VAT at the legal rate in force, after which any delivery costs will be added.

Delivery costs will vary according to the country of delivery and the item(s) itself, being mostly indicated in the order processing, on the delivery method page. Some exceptions are due to the undefined delivery cost for specific countries. In these cases the client will be contacted by Ludimusic's commercial services for a quote.

For third countries, the client is responsible for the payment of customs duties and taxes.

For countries outside the European Union, the customer is responsible for payment of customs duties and other applicable taxes.

General

All of the purchases made by the customer, in any method of payment or shopping channel – physical stores, online store, telephone, email – or delivery method, will always be paid beforehand.

Ludimusic has the right to decline any purchase order, from any customer, if it deems it justifiable.

New Catalogue Items

The purchase order of products identified as “By Order”, or customized items at the customer request, will always be made through a prior order and payment of an amount by way of deposit, never less than 10% of the value of its sale price, except in special cases of orders agreed occasionally with customers considered regular, e.g. with a history of regular purchases – in which case they should contact the sales department via email: comercial@ludimusic.com.

Catalogue Services

All services provided, general rule will be paid upon completion, with the following exceptions:

- Technical Assistance under Guarantee, where technical assistance services for equipment under legal guarantee period, under the terms of the applicable legislation for the purchase of the new items, will be free of charge for the customer.

- Technical Assistance outside the Warranty Period, where technical assistance services for equipment outside the warranty period will always be subject to payment in advance, in an amount equivalent to 10% of the budgeted value of the repair, or in case of impossibility of prior budgeting, to the payment of a minimum amount of 20€ for administrative expenses. This amount will be deducted from the final amount paid in the event of approval of the budget and its implementation.

Purchase Data

When a purchase is made via Ludimusic’s online store, the data required from the customer is the following:

- Full Name

- Tax File Number

- Address

- Country

- Contact

In addition, the references and quantity of each product indicated for purchase.

Any kind of observations, if applicable can be added in the purchase process.

Timetables for Placing Purchase Orders

- ONILINE store:

Ludimusic’s website accepts orders 24 hours a day, 7 days a week.

The commercial services have the following opening hours: from 10h to 19h from Monday to Friday.

- Shop Network:

For every purchase in the physical shop network, the opening hours of each individual shop should be consulted – these hours are indicated on the “Stores” page.

Before making a purchase, in any of Ludimusic’s selling channels, the buyer must check the different delivery availability ratings in the description of the product in question.

The availability of any product may change and the only way to prevent that is the reservation of the item in mind, which is done through the purchase order.

It is advisable to adjust the purchase expectations in relation to delivery times, always considering the forecast date presented in the final step of the purchase order as the closest to reality.

Ludimusic offers the following payment methods:

- Payment in Ludimusic branded shop:

Payment by cash, ATM, credit card, consumer credit (Cetelem)

- Prepayment – online purchases:

Bank transfer, ATM, credit card (VISA/MasterCard), PayPal

Collect payments will not be accepted.

All of the purchase orders, in which the payment was made via any of the previously presented payment methods, are considered confirmed purchases.

The act of collecting the items purchased, confirms the completion of the purchase order, and acceptance of its terms and conditions of sale, as described in this document.

The customer has the right to cancel the order until it being in the state “In Shipment”, any order that passes this state will have to be subsequently dealt in the return process, which is explained in “10. Exchanges and Returns”.

For every purchased item, which are identified as “By Order” or with particular alterations to client specifications, if it is not possible to cancel the order with the supplier, Ludimusic reserves the right to retain the amount previously paid as an advance payment.

International Orders

Cancellation of an international order is only possible if the order has not yet been shipped, at the time the package is delivered to the carrier, the customer will have to resort to the process of returning the product, if he so chooses. This process is specified in “Chapter 10 – Exchanges and Returns”.

To cancel an order, the customer will have to send an email to internationalsales@ludimusic.com, with the following subject “Cancel Order”, where in addition to indicating the intention, the customer will also have to indicate the order number.

Ludimusic offers two different methods of delivery:

- In shop

A purchase with in-shop delivery is considered to be the one where the customer, at the moment of the online purchase, indicates that there is the intention of coming to the physical store – Leiria or Porto – or to the main warehouse – Turquel – to collect the respective items.

In this delivery mode, the payment must be made as described in section “5. Payment Methods”.

- Home Delivery

All the purchase orders placed through any of the sale channels – shop network, online shop or any other non-presential channel (e.g. telephone and/or e-mail) – can be delivered to any address specified by the customer.

In this delivery mode, the payment must be made as described in section “5. Payment Methods”.

Delivery Date

The items will be delivered on the expected date, having two factors into consideration: the availability of the product and the method chosen for delivery. When completing the purchase order, an estimated delivery date will be available for consultation.

Although the date given is as close to the reality as possible, the probability of it not being satisfied remains, due to reasons beyond the control of the company.

The order will be processed, only, after the payment confirmation. Any delay in this matter will definitely influence the time in which the customer will receive the placed order.

- International Orders

The estimated transit time may vary according to the destination country indicated on the delivery address and the product itself. Although the customer is given a forecast, possible delays should be taken in account.

Once the order is shipped, an email will be sent with the tracking code and link for the customer to track the shipment.

Checking the articles at delivery time

Checking the packaging is the first thing to do when receiving an order. Any package that arrives with any damage is upon the responsibility of the haulier. In fact, in addition of Ludimusic ensuring that every package leaves its permits in perfect conditions, no haulier collects orders not properly packed to transport. If you receive an order with a visible damage to the package the carrier should be always inform of its non-conformity, so that it can be registered at delivery time, thus making possible to us to proceed more promptly.

Afterwards, always check the item(s) received. If there is any anomaly, the customer must contact the customer services as soon as possible – via e-mail or telephone – and through those means instructions will be given.

If the customer receives damaged items or articles with technical problems, the collection of them will be schedule at the place of delivery or the customer can deliver the damaged items in-shop, charge free. 

Undeliverability

Ludimusic will not be held liable for any delay or definite non-delivery possibility resulting from causes beyond the control of the company. In the case of a delay or definite impossibility to satisfy an order, the customer will always be notified of the incident, in good time.

All purchase orders with a temporary constraint, such as “out of stock”, will remain active for 60 days, until their resolution by cancellation.

At the above-mentioned deadline, and if the buyer does not expressly confirm that the order remains active, Ludimusic reserves the right to cancel that order without further notice.

In all circumstances, whatever be the reasons for the delay or constraint of delivery, the customer can always choose to modify the purchase order, either by changing the item in question or requesting a full refund of the amount paid, in the meantime.

Non-payment and Non-collection

All purchase orders, which payment is not received by Ludimusic services within two working days, will be considered as cancelled.

It will be also considered as cancelled, the orders which the buyer does not collect the items on the date and at the shop specified, with no prior notice, or any refusal of receiving the items in question, when approached by the haulier. If the order has been paid for, and the customer does not collect the item within the indicated period, Ludimusic will grant a maximum period of 90 days for this purpose, after which the item(s) will be considered abandoned, as provided in Article 1318 of the Civil Code, which may result in the loss of property rights in favor of Ludimusic.

In any of the situations beforehand mentioned, Ludimusic reserves the right to immediately make the products available for sale.

The organisation also reserves the right to suspend any shipment order, which the customer refuses to receive the products for no justifiable reason.

Transport Costs

The Shipping Policy is based on 5 types of delivery:

- Deliveries within mainland Portugal, for purchases over 99€ are free of postage, with some exception which are subject to a special shipping mode – see delivery conditions in Customised Delivery.

For purchases under 99€, the postage is determined by the delivery method chosen. When delivering to a specific address, the postage is automatically indicated by the system, and will be available on the product description page – at: “View all options and shipment methods” – and at some strategic points of the purchase order process.

- Deliveries to Azores and Madeira Islands, purchases over 299€ are free of postage. For purchases under 299€, shipping costs are determined by the delivery method chosen and are automatically indicated by the system. This cost will be available in various points of the purchase order process.

- Deliveries within Peninsular Spain, purchases over 199€ are free of postage, with some exceptions which are subject to a special shipping mode – see delivery conditions in Customised Delivery.

For purchases under 199€, the postage is determined by the delivery method chosen. When delivering to a specific address, the postage is automatically indicated by the system, and will be available on the product description page – at: “View all options and shipment methods” – and at some strategic points of the purchase order process.

- International deliveries, in which are considered every purchase outside the Iberian Peninsula, the transport costs will be provided by the commercial services, depending on the weight and volume of the order, and the country in question.

- Customised Delivery, only applied to Portugal, in which special transport services are hired.

The price of this service is based on a different tariff. Since this is a personalised service, those tariffs will be higher than those associated with regular transport services.

The scheduling and definition of the amount to be paid is made available by Ludimusics commercial services. The calculation of its inherent charges will vary, depending on the type of product, volume, weight and requested location for delivery.

This type of service applies to: any musical instrument for which regular hauliers do not provide the delivery, being an example some pianos; and/or any other item, when requested by the customer.

Technical Assistance

For any product that requires assembly, the delivery will be made, but the assembly itself will be on full customer’s responsibility. The organisation can only suggest other companies that provide this service.

All purchases made from February 2019 onwards at Ludimusic are covered by a 3-year legal manufacturer's warranty.

Consumables such as strings, drumsticks, batteries, valves and crossfaders are considered exceptions and are excluded from this period.

Due to the need to maintain the products in question, signs of wear and tear are only covered if they are the result of a clear manufacturing defect.

If the item is damaged, Ludimusic's customer service department should be contacted so that the customer can be advised of the formalities to be followed so that the product can be repaired, replaced or the amount paid for the product can be refunded.

If, for any reason, the customer feels like the bought item is not what was expected, its return or exchange can be requested until 30 days after the purchase (counted days from the invoice date).

The product and all of the items that were included must find themselves in perfect condition, inside the original package, without any signs of wear or damage. Products like CDs, DVDs and Software must be returned in the sealed original package.

When the products in question are any of the following, earphones, harmonics, books, batteries, reeds, memory cards, external disks, vouchers, wearable or consumables after use, they won’t be accepted for return.

As for those products that are purchased by order or personalized with specifications at the customer request are also not included for exchange or return.

What to do:

In order to make an exchange or return of one or more items there are two action methods:

- Return or Exchange in-store:

To do so, the customer must go to a Ludimusic store and request an exchange or return. Make sure that the article you want to return is in accordance with the return policy.

Together with the item, it must be delivered the original or duplicate of the purchase invoice, signed by the buyer.

If the customer wants the return of the amount previously paid – the purchase values up to 100€, will be refunded immediately in the shop. For the purchase values over 100€, the customer will be asked to provide their bank identification number (IBAN) to order the transfer of the respective amount to the bank account of interest.

Ludimusic undertakes that, within 5 working days the financial services will process the respective refund.

- Return of goods through haulier:

Previously, contact customer services to inform them that there’s a wish to make a return. For better processing of the return, it is requested that this process never be initiated without first contacting the customer service, contacts that can be found on the Contacts page.

For shipping, it is necessary that all items are correctly packed in the shipping packaging, with special attention in the case of sensitive instruments. Inside the package there must also be a copy of the purchase invoice signed by the person associated with the tax identification number (NIF) on the invoice. The original packaging of the item must be inside the Ludimusic protective and transport packaging.

The client is responsible for all shipping costs, and the difference will be deducted from the amount to be returned by Ludimusic.

Ludimusic reserves the right of not return the value of the product if the item is not received by the logistics department and/or if the product is not in the same condition in which it was shipped.

Finally, the item must be sent to the following address:

Ludimusic – Devoluções Armazém Central

Rua do Porto da Pedra, 11

2460-898, Turquel

Portugal

Upon receipt of the item(s), by Ludimusic, follows the verification and inspection that everything is according to the rules established for the return. In case of doubt or any anomaly, the customer will be contacted.

The shipping of returns by the haulier, is entirely at the risk of the customer. Ludimusic is not responsible for any damage caused to the items during the returning process, resulting from poor packaging of these or other reasons inflicted by third parties.

Ludimusic undertakes that within 5 working days since the date of receipt of the return at the central warehouse and inspection of the items associated within the return, the financial services will process the refund.

In the event of consumer dispute, the consumer may appeal to any Consumer Dispute Resolution Entity, in Portugal:

CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo

Faculdade de Direito da Universidade Nova de Lisboa – Campus de Campolide

www.cniacc.pt

CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve

Edifício Ninho de Empresas – Estrada da Penha

8005-131, Faro

www.consumidoronline.pt

Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra

Av. Fernão Magalhães, n. 240, 1º

3000-172, Coimbra

www.consumidoronline.pt

Centro de Arbitragem de Conflitos de Consumo de Lisboa

Rua dos Douradores, 116, 2º

1100-207, Lisboa

www.centroarbitragemlisboa.pt

Contratos celebrados na Região Autónoma da Madeira

Rua da Figueira Preta, n.10, 3º

9050-014, Funchal

centroarbitragem.sras@gov-madeira.pt

Centro de Informação de Consumo e Arbitragem do Porto

Rua Damião de Góis, 31, Loja 6

4050-225, Porto

www.cicap,pt

Centro de Arbitragem de Conflitos de Consumo do Vale do Ave

Rua Capitão Alfredo Guimarão, n.1

4800-019, Guimarães

www.triave.pt

Centro de Informação, Mediação e Arbitragem de Consumo

Rua D. Afonso Henriques, n.1

4700-030, Braga

Avenida Rocha Paris, n.103

4900-394, Viana do Castelo

www.ciab.pt

In case of an online consumer dispute, the consumer can resort to an online dispute resolution system – the ODR platform (online dispute resolution) – with competence for the resolution of disputes concerning contractual obligations arising from online sales or service contracts.

www.webgate.ec.europa.eu

For more information – Consumers’ Portal

www.consumidor.pt

All information made available online about the articles sold, including technical characteristics, use, combinations between two or more items, and any other information, has been compiled by Ludimusic based on data received from the suppliers themselves.

Under no circumstances is it advisable to use the commercialised products without following all the procedures and instructions for use, present in the Installation and Use manuals made available by the manufacturers – this information is available through manuals present in the article’s packaging or through the manuals available for download from the brand’s websites.

Thus, Ludimusic is not responsible for the incorrect use of the items commercialized, so being this the sole responsibility of the user.

All images and videos of products in all media made available by Ludimusic, including online shop or other forms of dissemination of products, may suffers some bias in relation to reality, particularly with regard to colour. Ludimusic is not responsible for any decision to purchase products based solely on this type of visual information.

Since online store allows self-service purchase, e.g. no commercial and/or technical support is required for the purchase, it is not possible for Ludimusic to provide direct support at the time of purchase. It is therefore advisable that, if in doubt, the customer consults the sales assistants in the Ludimusic shops and/or through other forms of contact – social networks and/or telephone.

The conditions set out in this document have been defined to clearly provide an effective customer service, and go beyond what is established under the general consumer law in a significant number of areas.

Whenever any type of abusive or fraudulent practice is noticed on behalf of the consumer, Ludimusic reserves the right to suspend the rules set out in the previous paragraphs for that particular customer, so the rules resulting from the general legislation in force will be apllied only and exclusively.

If you have any doubts about the commercial conditions here stated, please contact us by using the available contact options.