Terms and conditions – Elefant Records

How to Buy

To be able to log in, the user must have previously added at least one product to the Cart. To add items to the Cart, you need to click on the “Buy” button that accompanies the products available on the website. Depending on the product, there may be an option to select one or more formats.

Once all desired items are included, you should click on “Cart” (in the top menu), and continue the purchasing process. At the bottom, you will need to enter your email address and password, or register as a new customer if you are a new client.

The customer record includes the following personal data:

Name and Surname
Delivery Address
Postal Code
City
Province
Country
Phone
Email
Password

Shipping Costs

Shipping costs are not included in the price of the products on the website. They are automatically calculated based on the weight of the products and the destination (Spain, Europe, or Rest of the world). This information will always be available before finalizing the payment of the order.

To continue with the purchasing process, it is necessary to select a payment method from the following options:

Credit or debit card
PayPal
Cash on delivery
Postal money order
Bank transfer

You will also have the option to add comments or observations to consider before confirming the payment and the order.

Shipping Methods

Spain (Mainland, Balearic Islands, Ceuta, and Melilla): Shipping via the courier company TIPSA.
Spain (Canary Islands): Shipping by registered mail through Correos.
International: Shipping by registered mail through Correos.

Below is all the information related to the purchase conditions available to the user.

Purchase Conditions

1.General Information

The ownership of this website https://elefant.com/ (hereinafter referred to as the website) is held by: Elefant Records S.L., provided with CIF: B80549892, whose contact details are:

Address: PO BOX 331, Las Rozas (Madrid) 28230
Contact Phone: 918594227
Contact Email: elefantsales@elefant.com

This document (as well as other documents mentioned herein) governs the conditions under which the use of this website (https://elefant.com/) and the purchase or acquisition of products and/or services on it are regulated (hereinafter, conditions).

For the purposes of these conditions, it is understood that the activity that Elefant Records develops through the website includes:

Sale of records in physical or digital format and merchandising of the label’s artists.

In addition to reading these conditions, before accessing, browsing and/or using this webpage, the user must have read the Legal Notice, the Privacy Policy, and the Cookie Policy. By using this website or by making and/or requesting the acquisition of a product and/or service through it, the user consents to be bound by these conditions and by all the above mentioned, so if you do not agree with all of this, you should not use this website.

It is also informed that these conditions could be modified. The user is responsible for consulting them each time they access, browse, and/or use the website as those that are in force at the time the acquisition of products and/or services is requested will be applicable.

For any questions the user may have in relation to the conditions, they can contact the owner using the contact details provided above or, where appropriate, using the contact form at the bottom of the page on the website.

2.The User

Accessing, browsing, and using the website confers the status of user (hereinafter referred to, indistinctly, individually as user or collectively as users), thus accepting, from the start of browsing the website, all the conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as applicable.

The user assumes responsibility for the correct use of the website. This responsibility extends to:

Using this website only to make legally valid inquiries and purchases.
Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities would be informed.
Providing truthful and lawful contact information, for example, email address, postal address, and/or other data.

The user declares to be over 18 years old and to have the legal capacity to enter into contracts through this website.

The website is aimed at users residing all over the world. Elefant Records ensures shipments or provision of services outside of Spain.

The user may formalize, at their choice, with Elefant Records the sales contract for the desired products and/or services in any of the languages in which these conditions are available on this website.

3.Purchase or Acquisition Process

Duly registered users can make purchases on the website through the established means and forms. They must follow the online purchase and/or acquisition process at https://elefant.com/, during which various products and/or services can be selected and added to the cart, basket, or final purchasing space, and finally, click on: “Place Order”.

Furthermore, the user must fill in and/or check the information requested at each step of the process. However, during the purchase process, before making the payment, the purchase details can be modified.

Subsequently, the user will receive an email confirming that Elefant Records has received their order or purchase request and/or service provision, i.e., the order confirmation. If applicable, they will also be informed by email when their purchase is being shipped.

The user acknowledges being aware, at the time of purchase, of certain specific conditions of sale concerning the product and/or service in question that are displayed next to the presentation or, if applicable, the image of it on its website page, indicating, by way of example but not limited to, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, how it will be carried out and/or the cost of the services; and recognizes that the placement of the purchase or acquisition order constitutes the full and complete acceptance of the specific conditions of sale applicable to each case.

Communications, purchase orders, and payments that intervene during the transactions performed on the website may be archived and kept in the computerized records of Elefant Records to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist users according to the privacy policy of this website.

4.Availability

All purchase orders received by Elefant Records through the website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these conditions) affect the supply of them and/or the provision of services. If there are difficulties in supplying products or there are no products in stock, Elefant Records commits to contact the user and refund any amount that may have been paid as payment. This will also apply in cases where the provision of a service becomes unfeasible.

5.Prices and Payment

The prices displayed on the website are final, in Euros (€) and include taxes unless otherwise required by law, particularly regarding VAT, where different conditions may apply.

Shipping costs will be reflected at the final stage of the purchasing process based on the country and the number of items in the order.

Under no circumstances will the website automatically add additional costs to the price of a product or service, but only those that the user has voluntarily and freely selected and chosen.

Prices may change at any time, but such changes will not affect orders or purchases for which the user has already received an order confirmation.

The accepted payment methods are: Credit or debit card, PayPal, Cash on delivery, Postal money order, and Bank transfer.

Elefant Records uses all means to ensure the confidentiality and security of the payment data transmitted by the user during transactions through the website. As such, the website utilizes a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the issuing bank, and if the bank does not authorize payment, Elefant Records will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the user.

Once Elefant Records receives the purchase order from the user through the website, a pre-authorization on the corresponding card will be made to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the moment the shipment confirmation and/or service provision confirmation is sent to the user in the established form and, where applicable, location.

If the payment method is PayPal, the charge will be made at the moment Elefant Records sends a confirmation of the order of purchase or acquisition of products and/or services to the user.

In any case, by clicking on “Place Order,” the user confirms that the payment method used is their own.

6.Delivery

In cases where the physical delivery of the contracted good is appropriate, deliveries will be made internationally.

Except in cases where there are unforeseen or extraordinary circumstances, or, where applicable, due to the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the website according to the shipping method selected by the user and, in any event, within a maximum of 30 calendar days from the date of the order confirmation.

If for some reason attributable to Elefant Records, it is unable to meet the delivery date, it will contact the user to inform them of this circumstance, and the user may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.

If delivery of the order is impossible due to the user’s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to arrange for it to be delivered again.

If the user is not going to be at the delivery location during the agreed time slot, they should indicate this in the observations box at the time of placing the order or contact Elefant Records to arrange delivery on another day or at another location.

If 30 days have passed since your order was available for delivery, and it has not been delivered due to a cause not attributable to Elefant Records, it will be understood that the user wishes to withdraw from the contract, and it will be considered resolved. As a result of the resolution of the contract, all payments received from the user will be returned, except for additional costs resulting from the user’s choice of a delivery method other than the least expensive mode of ordinary delivery offered by the website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered resolved.

However, the user must be aware that transportation resulting from the resolution may have an additional cost that may be passed on to them.

For the purposes of these conditions, delivery shall be deemed to have occurred or the order shall be deemed to have been delivered at the time the user or a third party indicated by the user acquires physical possession of the products, which will be evidenced by the signing for receipt of the order at the agreed delivery address.

The risks that could arise from the products will be borne by the user from the moment of delivery. The user acquires ownership of the products when Elefant Records receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time later than the complete receipt of the amount subject to payment by Elefant Records.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for their delivery and/or provision will be understood to be located in the Spanish VAT application territory if the delivery address is in Spanish territory except the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at each moment depending on the specific article in question.

7.Technical Means to Correct Errors

Users are informed that if an error is detected when entering necessary data to process their purchase request on the website, they can modify this data by contacting Elefant Records through the contact facilities provided on the website, and where applicable, through those enabled to contact customer service, and/or using the contact details provided in the first clause (general information). Additionally, users may also correct these details through their personal access area on the website.

In any case, before clicking on “Place Order,” users have access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Similarly, users are referred to consult the Legal Notice and General Conditions of Use, specifically the Privacy Policy, for more information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights.

8.Returns

In cases where the user purchases products on or through the owner’s website, they are entitled to a number of rights, as listed and described below:

Right of Withdrawal

The user, as a consumer and user, makes a purchase on the website and, therefore, has the right to withdraw from such purchase within 14 calendar days without justification.

This withdrawal period will expire 14 calendar days after the day on which the user or a third party authorized by them, other than the carrier, acquired physical possession of the goods purchased on Elefant Records’ website or, in the case that the goods that make up their order are delivered separately, 14 calendar days from the day the user or a third party authorized by them, other than the carrier, acquired physical possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the user must notify their decision to Elefant Records. This can be done, where applicable, through the contact spaces enabled at the footer of the website.

The user, regardless of the means chosen to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract.

To meet the withdrawal deadline, it is sufficient that the communication that unequivocally expresses the decision to withdraw be sent before the corresponding deadline expires.

In the event of withdrawal, Elefant Records will reimburse the user all payments received, including shipping costs (with the exception of additional expenses chosen by the user for a mode of shipment different from the least costly mode offered on the website) without undue delay and, in any case, no later than 14 calendar days from the date on which Elefant Records is informed of the user’s decision to withdraw.

Elefant Records will refund the user using the same payment method used to carry out the initial transaction. This refund will not generate any additional costs for the user. However, Elefant Records may withhold the refund until it has received the goods back, or the user has supplied evidence of having sent back the goods, whichever is the earliest.

The user may return or send the products to Elefant Records and must do so without undue delay and, in any case, no later than within 14 calendar days from the date on which Elefant Records was informed of the decision to withdraw.

The user acknowledges that they must bear the direct cost of returning the goods (transport, delivery), if any. Additionally, they will be responsible for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The user acknowledges there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case for: personalized products; products that may deteriorate or expire rapidly; music or video CDs/DVDs without their wrapping, as sealed at the factory; products that are sealed for hygiene or health reasons and have been unsealed after delivery.

The same applies to the provision of a service that the user could contract on this website, as this same law establishes that the right of withdrawal will not assist users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by Elefant Records, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of it, of products that are not in the same condition in which they were delivered or that have suffered damage after delivery.

Also, the products must be returned using or including all their original packaging, instructions, and other documents that may accompany them.

Return of Defective Products or Shipping Errors

These are all cases where the user considers that, at the time of delivery, the product does not conform to the stipulated in the contract or purchase order, and therefore, should contact Elefant Records immediately and inform them of the existing discrepancy (defect/error) using the same means or using the contact details provided in the previous section (Right of Withdrawal).

The user will then be informed on how to proceed with the return of the products if necessary, and once returned, they will be examined and the user will be informed, within a reasonable time, whether the refund or, where applicable, the replacement of the item is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send an email confirming that the refund or replacement of the non-conforming item proceeds.

The amount paid for those products that are returned because of some defect, when it actually exists, will be fully reimbursed, including delivery costs and the costs that the user may have incurred to return them. The refund will be made using the same means of payment that the user used to pay for the purchase.

In any case, the rights recognized by the legislation in force at any given time for the user, as a consumer and user, will always be observed.

Warranties

The user, as a consumer, enjoys warranties on the products that may be acquired through this website, under the terms legally established for each type of product, and Elefant Records, therefore, responds for the lack of conformity of the same that manifests itself within two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Elefant Records and possess the qualities presented in the same; are suitable for the uses to which products of the same type are ordinarily put; and present the quality and performance usual of a product of the same type that are fundamentally expected of it. When this is not so with respect to the products delivered to the user, they must proceed as indicated in the section on the return of defective products or shipping errors. However, some of the products marketed on the website may have non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and which therefore form part of the individual appearance of the product, and will not be a defect.

Furthermore, it might happen that the user purchases on the website a product of a brand or manufactured by a third party. In this case, and considering that the user deems it a defective product, they also have the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise their right to legal warranty directly against them during the two years following the delivery of such products. For this, the user must have kept all the information in relation to the warranty of the products.

9.Exemption from Liability

Except as otherwise provided by law, Elefant Records will not accept any liability for the following losses, regardless of their origin:

Any losses not attributable to any failure on their part; business losses (including lost profits, revenue, contracts, anticipated savings, data, goodwill impairment, or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of products was concluded between them.

Additionally, Elefant Records also limits its liability in the following cases:

Elefant Records applies all necessary measures to provide a faithful representation of the product on the website. However, it is not responsible for slight differences or inaccuracies that may exist due to screen resolution, browser problems, or other similar issues.

Elefant Records will act with the utmost diligence to make the product available to the company responsible for the transportation of the purchase order. However, it is not responsible for damages arising from the malfunctioning of transportation, especially due to causes such as strikes, roadblocks, and generally any others typical of the sector, resulting in delays, losses, or theft of the product.

Except as otherwise provided by law, Elefant Records will not accept any liability for the following losses, regardless of their origin:

Additionally, Elefant Records also limits its liability in the following cases:

Technical failures caused by chance or other circumstances that prevent normal operation of the service via the internet. Unavailability of the website due to maintenance or other reasons, which prevents the service from being available. Elefant Records employs all means at its disposal to carry out the purchase, payment, and shipping/delivery processes of the products. However, it exempts itself from liability for causes not attributable to it, force majeure, or chance events.

Elefant Records will not be liable for the misuse and/or wear and tear of the products that have been used by the user. Similarly, it will not be responsible for an incorrect return made by the user. It is the user’s responsibility to return the correct product.

In general, Elefant Records will not be liable for any non-compliance or delay in the fulfillment of any of the obligations assumed when such failure is due to events beyond its reasonable control, i.e., due to force majeure. This may include, by way of illustration but not limited to:

Strikes, lockouts, or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, aircraft, motor transport, or other means of public or private transport.
Inability to use public or private telecommunications systems. Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

Thus, the obligations will be suspended during the period that the force majeure continues, and Elefant Records will have an extension of the timeframe to fulfill them for a period equal to the duration of the force majeure. All reasonable means will be sought to find a solution that allows it to fulfill its obligations despite the force majeure.

10.Written Communications and Notifications

By using this website, the user agrees that most communications with Elefant Records will be electronic (email or notices posted on the website or via newsletter).

For contractual purposes, the user consents to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that Elefant Records sends electronically comply with legal requirements to be in writing. This condition will not affect the rights recognized by law to the user.

The user may send notifications and/or communicate with Elefant Records through the contact details provided in these Conditions and, where applicable, through the contact spaces on the website.

Similarly, unless otherwise stipulated, Elefant Records may contact and/or notify the user at their email address or at the postal address provided.

11.Waiver

No waiver by Elefant Records of any particular right or legal action or the failure of Elefant Records to require strict performance by the User of any of their obligations shall constitute a waiver of other rights or actions arising from a contract or the conditions, nor shall it exempt the user from fulfilling their obligations.

No waiver by Elefant Records of any of these conditions or the rights or actions arising from a contract shall take effect unless it is expressly stated to be a waiver, and it is formally established and communicated to the user in writing.

12.Severability

If any of these conditions should be declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in effect, unaffected by such declaration of nullity.

13.Entire Agreement

These Conditions and any document expressly referred to in them constitute the entire agreement between the user and Elefant Records concerning the subject matter of the sale and purchase and supersede any prior pact, agreement, or promise made verbally or in writing by the same parties.

The user and Elefant Records acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these conditions.

14.Data Protection

The personal information or data provided by the user to Elefant Records during a transaction on the website will be processed in accordance with the provisions set forth in the Privacy Policy or data protection policy (included, where applicable, in the Legal Notice). By accessing, browsing, and/or using the website, the user consents to the processing of such information and data and declares that all the information or data provided are accurate.

15.Applicable Legislation and Jurisdiction

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

Any controversy, issue, or disagreement that arises or is related to the access, browsing, and/or use of the website, or with the interpretation and execution of these conditions, or with the sales contracts between Elefant Records and the user, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16.Complaints and Claims

The user may send complaints, claims, or any other comments they wish to make to Elefant Records through the contact details provided at the beginning of these conditions.

Furthermore, if a controversy arises from this purchase contract between Elefant Records and the user, the user as a consumer may request an alternative dispute resolution, according to Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. This method can be accessed via the following website: https://ec.europa.eu/consumers/odr/.