Terms of Use (Terms & Conditions)

1. INTRODUCTION

Welcome to the Sounds Market Platform. These terms govern the relationship between Sounds Market and its users, and also establish the conditions of use and contractual terms. Please note that these terms, the Privacy Policy, and the rest of the legal notices published in relation to the “Platform” include our website https://soundsmarket.com, as well as our mobile applications. In these terms, all of the above are referred to interchangeably as the “Platform” or the “Services.” We recommend that you read these terms carefully, as the use of our Services implies acceptance of them. If you do not agree with them or have any questions, please do not use our Services. You may contact us by sending an email to [email protected].

2. IDENTIFICATION OF THE SERVICE PROVIDER

In accordance with Article 10 of Law 34/2002 of 11 July (Spain), on Information Society Services and Electronic Commerce, the service provider is SOUNDS MARKET SL, with tax identification number (NIF) B67146233 and registered office in Barcelona (08029, Spain), Carrer Rocafort, 241-243 5th 3rd, and registered in the Barcelona Commercial Registry Volume 46255; Sheet 121; Page B514446, Entry 1.

3. PURPOSE

Sounds Market makes available to you a platform, that is, an online service through which you may contact other users, publicly or privately, whether individuals or companies, for the purpose of facilitating the purchase and sale of musical instruments or the provision of services, such as the rental of musical equipment, spaces, music lessons and musical instrument repair workshops, and to enjoy additional services such as the “secure payment” system.

Buyers, sellers and users generally involved in transactions are solely responsible for the transactions entered into on our Platform. They are the parties who directly assume obligations and commitments through the relevant sale and purchase agreement or specific service provision agreement, as Sounds Market merely acts as an online intermediary for hosting services that provides users with a virtual place for exchange.

Sounds Market does not participate in any Transaction between users, although it offers an additional secure payment and service system to facilitate Transactions between users. Use of this system is not mandatory and therefore is not a sine qua non condition for entering into the transaction.

Our platform is intended for and may only be used by persons of legal age, that is, 18 years old, with legal capacity to enter into binding obligations.

4. ACCESS TO AND USE OF OUR SERVICES

To access our services, you must register and become a registered user; to do so, you must complete the online form in which we will request an email address and password. The password is private, protected by encryption and will not be shared with third parties, except with your express authorisation. As a registered user, you may publish listings, contact other users, comment on listings and edit your profile, as well as, naturally, buy, sell or rent products and services related to music.

The password is unique, non-transferable and confidential. As a registered user, you must use it properly and safeguard its integrity, releasing Sounds Market from any liability arising from improper use of the password. In the event of any incident, please contact us as soon as possible by sending an email to [email protected].

When registering, as a user you may choose whether you wish to register as a professional. By doing so, your user account will be classified as a Company account, and the specific conditions described in section 8 of these terms may apply. Likewise, your listings may also be subject to the specific purchase conditions described in that section. This type of registration is intended for professionals in the sector (shops, schools or other recognised professional entities), and Sounds Market shall be responsible for verifying the authenticity of such entities. A user registered as an individual may also request conversion to a Company account, and vice versa. To do so, the user must notify Sounds Market by sending an email to [email protected].

In some cases, in order to use certain functionalities of our platform, we will ask you for your location, for example if you wish to publish a listing, although you may choose between indicating your location on a map or using the predefined concept of “current location”. In this case, only an approximate indication of the location provided will be publicly displayed. For other functionalities, such as sorting and filtering listings according to their proximity, you must accept location permissions for such functionalities to operate.

Any duly registered user may publish listings in any category. Publishing a listing does not require any additional personal information. Photographs and other details are not mandatory.

5. HOW TO INTERACT ON THE PLATFORM

Sounds Market provides users with various messaging or communication systems through which buyers and sellers may contact and interact with each other.

Notifications relating to these types of communication will be sent by email (to the email address used to register on the platform) and/or by SMS message (to the telephone number provided by the user for this purpose).

Sounds Market is not responsible for the content of messages and files sent by users through its communication channels.

We remind you that you are solely responsible for the personal information and comments contained in these messages.

Sounds Market reserves the right to display one communication service or another on all or only some of the published listings, according to criteria determined solely by Sounds Market and related to their content.

Messages and files sent through any means provided by the platform may not be deleted by users and may be used by Sounds Market in the event of a dispute or conflict in which the conversation may be relevant.

5.1. Private messages

This functionality allows users to exchange text messages, as well as photographs and other files, solely for the purpose of facilitating the clarification of questions regarding the advertised product or service, without such interaction being visible to other users.

At any time, the buyer and seller may report or block a conversation, thereby disabling the messaging functionality within that conversation.

Sounds Market reserves the right to access and intervene in such a conversation, either through automated alert-type messages or notifications, or manually, in order to provide information to the users involved in the conversation.

5.2. Contact by email

For certain types of listings (mainly listings from Company users), Sounds Market provides users with an email contact service.

Through this functionality, a user may send a text message to an advertiser, who will receive its contents by email at the email address used to register on the platform. This functionality allows users to exchange text messages solely for the purpose of facilitating the clarification of questions regarding the advertised product or service.

With this functionality, subsequent communication between users is considered to be outside Sounds Market, as it will generally take place externally to Sounds Market's media and services.

5.3. Purchase offers

For some Sounds Market listings, users may submit offers to advertisers through an offer and counter-offer system designed by Sounds Market.

This communication system is designed to allow users to negotiate a fair purchase price for a product.

5.4. Public comments

For certain types of listings, the platform has been designed so that users may choose to interact publicly, with comments displayed on the listing page for the purpose of resolving basic questions or queries.

Comments made in this manner may not be deleted; they may only be reported to Sounds Market, which will decide whether or not to remove them.

6. SERVICES, FEES, BILLING AND PAYMENT METHODS FOR SERVICES

6.1. Featured listings

Sounds Market provides an optional featured listing service whose purpose is to provide greater visibility to the advertiser and thereby improve the positioning of their items on our platform.

Featured listings may have a different format from non-featured listings and may appear on different screens and in different locations; in this regard, advertisers have no decision-making capacity whatsoever, and such changes shall always be at the discretion of Sounds Market.

Payment for featured listings shall be processed directly by the user with the service provider made available by Sounds Market to the user: Google Pay, Apple Pay, Stripe... Always remember to review the relevant legal notices of the different financial service providers you use and websites you visit. Charges are managed directly by these operators and, by using the service, you accept their terms and conditions.

Sounds Market will not store your data. Please read our provider's relevant legal notices carefully. You may obtain further information about your rights from your financial institution.

It is not possible to delete, transfer or change the type or duration of a feature that has already been applied to a listing, regardless of whether the listing is removed by our moderation team or affected by a technical incident. If a featured listing is deleted or marked as sold and the contracted period has not yet expired, any remaining visibility period will be lost.

The prices and durations of the available featured listings may vary, as they depend on several factors, such as the type of product being promoted, its demand or the area in which it is to be promoted.

7. TRANSACTIONS BETWEEN INDIVIDUAL USERS. SECURE PAYMENT AND SHIPPING SERVICE

Below, we will explain how the system for buying and selling products between individuals works on our platform. If you are already a registered user and have decided to buy or sell, we inform you that Sounds Market provides a secure payment and shipping service that facilitates the financial transaction between seller and buyer without risk, providing an “escrow” or secure deposit service that guarantees payment to the seller and a refund to the buyer if delivery is not completed correctly, thereby making the transaction more secure. If you would like further information, you can consult https://truust.io/

Use of our secure payment system is optional, as sellers, buyers and users in general may agree to use any other system that they freely agree upon.

Therefore, if you are going to use our secure payment and shipping services, please continue reading this section and the following sections. If you are going to negotiate and directly agree the terms of the transaction with the other party, remember that, in such cases, Sounds Market cannot in any way guarantee the successful completion of the transaction and cannot be held responsible for any dispute or conflict arising from it.

7.1. Listing prices

For listings sold by individual users, Sounds Market does not set the price of the items. It is the seller who freely and voluntarily determines the amount, which is reflected in the listing and which the buyer may accept, reject or negotiate.

Sounds Market reserves the right to modify the prices of products available on the Website at any time, provided that the seller user is duly informed. In any event, such changes shall not have retroactive effect and shall not affect purchases made before the modification. The price applicable to purchases shall be the price in force at the time the User places the order.

The purchase and sale of new and second-hand items is not exempt from taxation and may give rise to the payment of certain taxes. The seller and/or buyer is responsible for complying with the applicable tax regulations, releasing Sounds Market from any liability for any claim arising from non-compliance. You can obtain further information at https://www.agenciatributaria.es/, or by consulting your tax adviser.

7.2. Product availability

Sounds Market makes every effort to ensure the full availability of the products offered at any given time through the Website and to fulfil all orders placed by buyers. However, unless otherwise indicated, the products offered are not owned by Sounds Market, but by other individual sellers and professional sellers, and therefore their availability does not depend on Sounds Market.

Consequently, it may occur that the product for which an order has been placed is no longer available after payment has been made. In such a case, Sounds Market will inform the buyer as soon as possible and will cancel the order, refunding the buyer any amount that may have been paid up to that point. This refund will be made within seven (7) days of confirmation of the cancellation of the order. Sounds Market shall assume no liability or penalty for the possible unavailability of products and the buyer shall not demand any compensation from Sounds Market beyond the refund.

7.3. Purchase and sale process. Secure payment system.

If you are a buyer, to start the process you must complete the online form created for this purpose, in which we will request the following information: first name and surname, order delivery address and mobile telephone number. We may request further personal details (such as the identity document or passport number) in order to verify the identity of our users, and solely for the purpose of ensuring maximum security for users of the platform.

Once the details have been entered, if you are going to use our secure payment system, we will inform you of the shipping cost, as shipping costs are borne by the buyer. Once you confirm that you accept these costs, you will be redirected to a secure page of our financial services provider Truust (Socialpay S.L.), where you will enter your banking details and make payment for the transaction. We therefore recommend that you carefully read this provider's terms of use and privacy policy. Sounds Market does not store any banking information. Once the process has been completed and the transaction has been accepted by the buyer, the amount owed will not be paid to the seller, but will instead be held by Truust (Socialpay S.L.) for a period of up to 48 hours from delivery of the product to your address, in order to ensure that the product is delivered to you in optimal condition. Sounds Market reserves the right to extend this period in the event of a dispute, conflict, incident or verification of the transaction and the logistics operation. This period may also be extended due to a technical incident affecting the Sounds Market platform or the financial services provider Truust (Socialpay S.L.). In any of these cases, you will be informed through the usual communication channels as quickly as possible.

Sounds Market safeguards the security of all processes involved in the purchase of a product. Therefore, the Website has SSL (https) certificates to ensure secure browsing and a secure purchasing process through the Website. SSL certificates guarantee secure and encrypted transmission of information over the Internet, as the transmission of data between the service and the web user takes place in encrypted form without compromising the information.

Sounds Market reserves the right not to process an order where there are technical, organisational or any other reasons preventing it from doing so. In such cases, you will be informed through the usual communication channels as quickly as possible and we will initiate the procedure for refunding the amounts you have paid. The processing of the refund procedure shall take a maximum of 7 working days.

During the purchase process, Sounds Market may offer you the possibility of purchasing value-added services, such as a product inspection and servicing, or taking out insurance for the purchased product. These services will be provided by Sounds Market and/or by suppliers and third parties engaged by Sounds Market. Payment for these value-added services by the buyer shall be made during the purchase process on the Sounds Market Website.

Simultaneously with the process described in this section, if you are the seller and are going to use the secure payment system, you must complete the online form created for this purpose, where we will request: first name and surname, order collection details, mobile telephone number and bank account number (to receive the proceeds of the sale). We may request further personal details (such as the identity document or passport number) in order to verify the identity of our users, and solely for the purpose of ensuring maximum security for users of the platform. The bank account number will under no circumstances be stored by us (Sounds Market will only have partial access to or visibility of this information), but will instead be provided directly to our financial services provider Truust (Socialpay S.L.). We therefore recommend that you carefully read this provider's terms of use and privacy policy. Sounds Market does not store any banking information. Before confirming the transaction, a screen will be displayed showing each and every term and cost associated with it. If you agree, you must accept and confirm it.

As a seller, please remember that Sounds Market reserves the right not to process an order where there are technical, organisational or any other reasons preventing it from doing so. In such cases, you will be informed through the usual communication channels as quickly as possible.

Once the entry of the details has been completed and the buyer's money has been securely held by the financial services provider, the only step remaining is for the product to be shipped and the buyer to receive their order.

Once the product has been received, as a buyer you have a period of 48 hours to report any damage or to indicate that the item received does not correspond to the description and/or photographs in the original listing. If everything is in order, once this period has elapsed, our financial services provider will transfer the transaction amount, less the financial cost, to the seller's account. For further details regarding your return rights, please consult section 10 of these terms.

Sounds Market will not make any payments to bank accounts located outside the territory of the European Union or in any currency other than euros.

Payment and transfer processing will be carried out with all security measures applied by the payment institutions involved, and Sounds Market will not retain or store buyers' payment information in its systems.

Do not forget that the transaction takes place directly between seller and buyer and that Sounds Market does not participate in it, as it is merely a platform that allows you to contact each other; for this reason, Sounds Market advises you, insofar as possible, to document all processes by taking photographs or using any other means or medium that may allow you, in the event of discrepancies, to document your claims.

All purchases are final. You cannot change or cancel an order once payment has been made. When you purchase from Sounds Market, you agree that:

  • You are responsible for reading the full product listing before making an offer or purchasing a product.
  • You enter into a legally binding contract to purchase the product.
  • When you purchase a product, you undertake to provide Sounds Market with correct and truthful contact details, delivery address and billing details, and to keep them updated at all times. Sounds Market assumes no responsibility otherwise. Responsibility for ensuring that the information provided is correct lies with the buyer.

As an additional security measure, and in order to prevent possible fraudulent transactions, Sounds Market reserves the right to request additional information, confirmations and/or documents from both buyers and sellers, even after one or more previous purchases have been made, for the purpose of confirming that such transactions have in fact been carried out and authorised by the user themselves. If the user does not respond satisfactorily, the transaction may be automatically cancelled for the user's security. As part of these checks, a buyer's order may be rejected if the information provided contains deliberate errors and/or is fraudulent in nature. By accepting these Terms of Use, all users accept this fraud detection procedure in order to ensure the security of transactions.

Purchases of items from Company-type advertisers (described in section 8 of these terms) may be subject to particularities regarding the provisions of this section.

7.4. Order processing and tracking

Once the details have been entered during the purchase process and the transaction has been confirmed, a collection and delivery request is automatically sent, generally to our main service provider GLS (General Logistics Systems B.V.), although Sounds Market reserves the right to make the shipment using other logistics providers.

Our shipping system is generally a “door-to-door” delivery system, meaning that it is essential for both the collection and delivery details to be correct and as specific as possible. For certain shipments, either at the discretion of Sounds Market or at the request of the users involved, the shipping service may be carried out with delivery of the package to a collection point (instead of to the delivery address).

Once the order has been confirmed, we will inform you of the details by email, as well as providing an online tracking method for the order.

7.5. Receipt and verification of an Order

The buyer must verify (or have the person receiving the products on behalf and for the account of the buyer verify) the apparent condition of the packaging and products upon receipt, before signing the delivery note provided by the carrier.

If an obvious anomaly is detected (missing products, damaged package, broken products, etc.), the buyer or their representative must precisely indicate on the delivery note the number of packages and/or products that are missing and/or damaged, as well as providing a detailed description of the damage observed (opened or torn packaging, damaged or undelivered product, etc.). In such a case, it is essential that the buyer take photographs of the condition in which the package was delivered and keep all items in the condition in which they were delivered (that is, with all their accessories, the other items received with those products in their original condition and the sealed product sheet), and must notify Sounds Market.

If more than thirty (30) calendar days have elapsed since the purchase of the product without the item having been delivered to the buyer, the buyer must notify us. Sounds Market will open a process to determine the cause of the delivery delay. If the delay is due to an error, malpractice or improper handling by the courier company, Sounds Market will submit the appropriate claims against it. If the delay is due to cancellation of the transaction by the seller or because the seller has delayed shipment, Sounds Market will mediate in order to reach a resolution.

If an item is lost, stolen or goes missing during the shipping process after being collected by the transport company and entering its chain of custody, Sounds Market will refund the buyer the full purchase amount and will pay the seller the amounts resulting from the sale, less the commission and taxes arising from the Sounds Market service. These situations must involve clear evidence that the transport company is responsible. If Sounds Market considers, at its discretion, that responsibility may lie with the buyer or seller, this clause shall not apply (for these cases, see section 10.1 of these terms).

For this purpose, the buyer and seller must provide Sounds Market with a bank account number, including the IBAN code, held in their name. Sounds Market will make payments into these accounts within fourteen (14) working days from confirmation of the loss. If the item is subsequently recovered, the buyer and seller will be informed so that they may request its delivery or return respectively, subject to payment to Sounds Market of the amount received.

In the event of a formal claim against the transport company by Sounds Market, the buyer and seller expressly waive any right to demand any form of compensation, granting Sounds Market authority to make the relevant claims and take the appropriate legal action against the transport company for the loss of the item.

7.6. Financial cost or management fees

The management fees or financial cost of the transaction is a variable percentage applied to the sale price of the product and borne by the buyer, for the purpose of covering the costs of using the “escrow” service explained in section 7 of these terms. This percentage may vary and Sounds Market will adjust it according to its own criteria.

The buyer will be informed in advance of using the service of the specific percentage to be applied to the transaction for this purpose, and must expressly accept such percentage in order to continue with the transaction.

As of the date of these terms, the management fees are as follows:

  • For transactions up to €70, the management fee shall be a maximum of €10, determined in proportion to the price of the purchased item.
  • For transactions from €70.01 onwards, commissions will range between 2% and 10% of the price of the purchased item, determined in proportion to the price of the purchased item.

Purchases of items with special characteristics (high transport complexity, very high price or other conditions considered special by Sounds Market) may incur additional costs for management, appraisal, handling, shipping or other services offered by Sounds Market that are not included in the standard purchase and sale process (described in section 7 of these terms). These additional costs will be processed through our service provider Stripe (charges are managed directly by these operators and by using the service you accept their terms), having been previously authorised by the users involved.

Purchases of items from Company-type advertisers (described in section 8 of these terms) may be subject to particularities regarding the provisions of this section.

7.7. Shipping costs

When publishing the listing, the seller must indicate the package size corresponding to the item being sold, choosing from the different options displayed by our Platform. In case of doubt, you also have access to a calculator with which you can determine the correct size. In case of doubt, you can email us at [email protected]

We will now explain how shipping costs work if you use the secure payment system, as otherwise Sounds Market will have no knowledge of the agreements and arrangements reached between both parties.

If the transaction is carried out using our secure payment method, the indicated package size will determine the shipping costs, which must be borne by the buyer and the amount of which will be displayed before you confirm the purchase, so that you can accept it. If you do not accept the shipping costs, you will not be able to continue with the transaction.

The seller is responsible for indicating the actual package size, as otherwise additional costs may be incurred by Sounds Market at the time of shipment. In such a case, these additional costs will be deducted from the amount payable to the seller, without prejudice to Sounds Market's right to pause, modify or even cancel an order if it detects that the package dimensions are incorrect. All such decisions will be duly communicated to users by email.

The seller is obliged to inform Sounds Market in advance if the product requires special handling during transport, for example extreme fragility, temperature, humidity or any other circumstance, so that the shipment can be adapted to these specific requirements. Otherwise, the seller releases Sounds Market from any liability for any possible damage or deterioration that may occur.

Purchases of items with special characteristics (high transport complexity, very high price or other conditions considered special by Sounds Market) may incur additional costs for management, appraisal, handling, shipping or other services offered by Sounds Market that are not included in the standard purchase and sale process (described in section 7 of these terms). These additional costs will be processed through our service provider Stripe (charges are managed directly by these operators and by using the service you accept their terms), having been previously authorised by the users involved.

7.8. Package weight and dimensions

In order to manage the package shipping service described, packages must comply with the following specifications:

7.8.1. Weight

Once prepared and ready for shipment, the package may not exceed 35 kg. You may use different boxes or packages provided that each one individually complies with the conditions indicated.

7.8.2. Dimensions

Once prepared and ready for shipment, the height, width and length of the package may not individually exceed 150 cm, or 200 cm when added together. You may use different boxes or packages provided that each one individually complies with the conditions indicated.

For the shipment of any package that falls outside these specifications, the seller must first consult Sounds Market regarding the shipping conditions by email at [email protected].

In the event of an incorrect package selection by the seller, Sounds Market may apply additional shipping costs (to the buyer or seller as appropriate in each particular case). These additional costs will be processed through our service provider Stripe (charges are managed directly by these operators and by using the service you accept their terms), having been previously communicated to and authorised by the users involved.

7.8.3. Packaging. Responsibility

The seller is solely responsible for wrapping and preparing the product correctly so that it can be shipped safely and without risk to its integrity, thereby preventing damage and/or deterioration. It is advisable to document the entire wrapping or packaging process graphically by taking photographs of the product in question before it is packaged and once the packaging has been completed, in order to document the entire process and address any potential claims and/or actions by the buyer.

As a buyer, since this is a transaction between individuals, we also recommend that you graphically document the entire package receipt process, taking photographs of the package when received, without opening it, and once it has been opened. In the event of disagreement and/or damage to the product received, this graphic documentation may be of great assistance.

Sounds Market may make available to the seller (and may require them to complete) a packaging form intended to advise and assist the seller in properly packaging the product to be shipped. The information contained in this form will also be relevant in the event of a dispute or claim between users (see section 10.1 of these terms).

In turn, Sounds Market may advise the seller on packaging by other means. Under no circumstances will such form or advice make Sounds Market responsible for the final packaging of the product or for any impact or effect that such packaging may have in the event of a conflict, dispute or incident.

8. PURCHASE OF PRODUCTS OR CONTRACTING OF SERVICES FROM COMPANY-TYPE USERS

Some listings belong to user accounts of professionals in the sector (shops, schools or other recognised professional entities), hereinafter referred to as “Professional” sellers and users or “Company” users, who are identified by an indicator displaying the text “PRO” explicitly and visibly on all their listings.

The professional seller (including Sounds Market when it directly offers its own products through its Websites) guarantees compliance with its legal obligations relating to the sale of products to non-professional buyers and, in particular, undertakes to:

  • Send the products fully inspected and in the same aesthetic and functional condition indicated in the listing, as well as clean and properly package them.
  • Issue the corresponding invoice, proof of payment or receipt, including VAT (where applicable), in the buyer's name. Sounds Market will provide the professional seller with the buyer's billing details when notifying them of the sale of their product(s).
  • Every product offered for sale through Sounds Market Websites shall conform to the description provided in the listing and shall offer satisfactory quality and be suitable for the use indicated by the professional seller in the description. Unless expressly and unequivocally stated otherwise, products offered for sale by the professional seller shall be free from any design, manufacturing or composition defects.
  • Offer the buyer the applicable guarantees under the statutory guarantee of conformity and the guarantee relating to latent defects. This includes providing a withdrawal period, as well as all other rights that the buyer may have under applicable legislation.

The professional seller shall be responsible for submitting all declarations required to the competent authorities in order to comply with the applicable regulatory provisions (and, in particular, their registration obligation).

Sounds Market reserves the right to request professional sellers to provide any document necessary to prove their identity and address (for example, an extract from the Companies Registry, CIF/NIF/NIE/VAT identification number, bank account number, etc.) in order to verify and retain information relating to the identity and contact details of professional sellers, as well as identity documents while their account remains open and for five (5) years following its cancellation.

Individual sellers who regularly make a significant number of sales may be considered professionals by the tax authorities or other authorities and may therefore be subject to the obligations applicable to professional sellers under the regulations in force and these General Terms and Conditions. It is expressly stated that sellers are responsible for complying with all obligations incumbent upon them, including submitting the necessary declarations to the competent authorities in order to comply with the applicable regulatory provisions. Sounds Market assumes no responsibility in this regard.

Each professional seller acknowledges that if a buyer returns a product because it does not conform to the description given in the published listing, because the buyer exercises their Right of Withdrawal or because of a breach of these General Terms and Conditions and/or the professional seller's legal obligations, the latter may not refuse to refund the product to the buyer (as well as the shipping costs associated with the order), repair the product (where reasonably possible) or, in the case of new products, replace the product, at the buyer's choice, and undertakes in each case to do so within a reasonable period.

An individual seller wishing to acquire professional seller status must apply to Sounds Market. Once requested, we will analyse the profile and, if we refuse to grant such status, Sounds Market shall not be obliged to provide reasons for its decision.

Sounds Market guarantees that the products it directly offers for sale through the Website comply with all applicable laws, regulations and standards. In particular, Sounds Market is responsible for the statutory guarantee of conformity. Furthermore, with regard to direct sales made through the Website, Sounds Market has the status of a professional seller and, consequently, undertakes to comply with the obligations arising from these General Terms and Conditions.

8.1. Transactional professional listings (not belonging to Sounds Market)

In listings from Company users with a purchase option (or transactional listings), a button displaying the text “BUY NOW” appears, through which the purchase process is initiated.

The buyer's payment process in these cases is equivalent to that described in section 7 of these terms. However, seller users (Company users) will not need to enter their details for each sales process, as these will previously have been provided by the user to Sounds Market (by whatever means the user deemed appropriate), with authorisation for them to be used for future orders. If the user wishes to withdraw such authorisation, they must notify us by email at [email protected].

Once payment by the buyer has been confirmed, Sounds Market will provide the seller user with the information necessary to process the order.

For this type of item, shipping will be managed by the seller user themselves, releasing Sounds Market from any liability regarding the shipping process, shipment tracking, returns or other events unrelated to the management of the collection and transfer of the amount indicated during the process. For such matters, the terms and conditions and specific guarantees of the company responsible for the sale shall apply (which may be consulted in summary form through the “Shipping and returns” button on the listing page).

8.1.1. Guarantee for products sold by professional sellers

In the case of products sold by professional sellers, responsibility and guarantee conditions lie with the seller. To request assistance and enforce the guarantee, the buyer must contact the professional seller and provide the relevant invoice issued by the seller at the time of purchase through the Website.

All professional sellers are required to issue and provide the buyer with an invoice for all sales made through Sounds Market.

8.2. External or affiliate professional listings (not belonging to Sounds Market)

Sounds Market contains listings for products or services whose purchase or contracting will take place externally to Sounds Market. These listings will have a different appearance from the others, explicitly displaying buttons and links redirecting users to the advertiser's official website.

These types of products and services are purchased and contracted directly through the advertiser's website and are therefore subject to its own terms of use and specific guarantees.

8.3. Listings for products sold directly by Sounds Market

Sounds Market may offer and advertise products (new or second-hand) sold directly by Sounds Market, in which case it shall adhere to the general conditions applicable to Company-type users (described in section 8), except where these conflict with those described in this subsection.

These products may previously have been acquired by Sounds Market through purchases from individual or professional users, depending on each case.

Products purchased and/or sold directly by Sounds Market are subject to the conditions and guarantees described below:

8.3.1. Direct purchase option by Sounds Market

Exceptionally, Sounds Market may offer a seller the possibility of purchasing their product directly. Once the sale has been agreed, Sounds Market will send the seller a purchase form which the seller must sign. Signing the purchase form constitutes the formalisation of a sale and purchase agreement between Sounds Market and the seller, and the seller undertakes to send the product to Sounds Market under the conditions set out in that form. In such case, Sounds Market will acquire ownership of the product and may freely dispose of it and, where applicable, resell it if it so wishes.

In this type of transaction, responsibility for correctly packaging and protecting the product for shipment lies exclusively with the seller (the conditions detailed in section 7.8.3. PACKAGING. RESPONSIBILITY shall apply).

The payment methods available shall be those determined in the sales form provided by Sounds Market.

8.3.1.1. Conformity Check

Products purchased directly by Sounds Market are subject to a Conformity Check. This checking process is necessary to ensure that the product is the same product and is in the same condition in terms of use and wear, both aesthetically and functionally, as indicated in the listing. The seller unreservedly accepts Sounds Market's Conformity Check as an essential requirement for the sale of their product.

To carry out the Conformity Check, Sounds Market will take into account the data and information provided by the seller about their product when creating or modifying their listing. The latest information appearing in the listing prior to Sounds Market's purchase of the product shall prevail.

This means that Sounds Market will check the brand, model, components and characteristics of the product, taking the information provided by the seller as a reference. Sounds Market will also check the aesthetic and functional condition of the product, verifying in each case that these correspond to what was indicated by the seller in their listing.

If, when carrying out the Conformity Check, Sounds Market discovers that the product does not correspond to the information provided by the seller in the listing or does not conform to it (for example, with regard to the aesthetic and functional condition and wear of the products), Sounds Market undertakes to take any of the following measures:

  • Adjust the condition, both aesthetic and functional, of the product to that indicated in the listing, having reached an express agreement with the seller. The seller must bear the costs incurred by Sounds Market, with this amount being deducted from the amount Sounds Market will pay the seller for the purchase of the product. Sounds Market must provide the seller with justification for any repair and refurbishment work by issuing the corresponding invoice.
  • Negotiate with the seller a reduction in the price for the repairs and refurbishment work required to bring the condition of the product into line with that indicated in the listing. The seller may accept or reject the price reduction proposed by Sounds Market. The agreed reduction will be deducted from the amount Sounds Market will pay the seller for the purchase of the product. If the proposal is rejected, the sale will be cancelled and the seller will bear the return costs. This cost will depend on each particular case (reasonable and proportionate to the actual cost of the service provided). The seller must pay the requested amount before the product is returned to their address.
  • Cancel the sale and refund its amount to the buyer (Sounds Market). The sale may be cancelled automatically if the characteristics and condition of the product differ significantly from those indicated by the seller in their listing. For example, if it is a different brand and/or model, if the components and accessories differ from the information entered by the seller, or if the product has structural, functional and/or mechanical damage that is difficult to repair and compromises the safety of its use (for example cracks, impacts, non-functional controls or buttons, etc.).

If a sale is cancelled and the seller wishes to have the product returned, Sounds Market will charge them an amount (the amount of which will depend on each particular case) for the non-conforming item. This amount corresponds to unavoidable management costs (management of the collection and shipment of the product by Sounds Market, inspection and quality control by the technical team and return of the product to the seller). Sounds Market will notify the seller of the cancellation of the sale, indicating the amount (reasonable and proportionate to the actual cost of the service provided) and the payment method for payment of the return costs. If Sounds Market does not receive any claim from the seller to recover their product within six (6) months from notification of the cancellation of the sale, or if the seller does not pay the applicable return fee during the same period, the product will become the property of Sounds Market. Sounds Market will proceed to destroy such products or donate them to charitable causes if their condition permits.

8.3.2. Guarantee for products sold directly by Sounds Market

In the case of used products sold directly by Sounds Market or to which Sounds Market applies its Conformity Check, the guarantee shall be twelve (12) months from the date on which the buyer receives the product.

To request assistance and enforce the guarantee, the buyer must contact the Sounds Market customer service department by email ([email protected]), providing the corresponding proof of purchase or invoice for the product and detailing the reasons for the non-conformity. The buyer must inform Sounds Market of the lack of conformity as soon as possible, within a maximum period of one (1) week from becoming aware of it, in order to prevent the damage from worsening.

In the event of a claim, it is essential that the product's serial number is visible and/or verifiable in order to validate the identity of the product. Otherwise, we will not be able to verify that it is the product originally sold and the right to the guarantee will not apply.

In the event of a subsequent sale or change of ownership of the product covered by this guarantee, the original purchaser of the product must enforce the Sounds Market guarantee, that is, the person who originally purchased it from Sounds Market.

Once the incident has been assessed, the Sounds Market customer service department will inform the buyer of the steps to follow for the application of the guarantee, under the terms and conditions provided for by applicable legislation.

Transport costs shall be borne by Sounds Market provided that the lack of conformity is verified and the statutory guarantee applies. Otherwise, the buyer shall bear such costs.

Where the guarantee of a product sold directly by Sounds Market applies, Sounds Market's general course of action shall be to assess the possibility of repairing or replacing the product. Any repair of the product must be carried out or managed directly by Sounds Market, at workshops or technical service centres that Sounds Market considers appropriate for this purpose.

If, in Sounds Market's opinion, it is or has not been possible to repair or replace the defective product (or the cost thereof is very high in relation to the purchase price of the product), the buyer may choose between requesting a reduction in the price paid for the product or, subject to returning the product, a refund of the full amount paid.

However, the buyer may not request a refund of the amount paid where the product defect is of minor importance or Sounds Market does not consider a refund essential after ruling out repair or replacement.

If, following inspection of the product under warranty by the Sounds Market team, it is determined that the right to the guarantee does not apply (due to non-compliance with the guarantee conditions, or because there is no evidence of and the reported malfunction cannot be reproduced), Sounds Market may require the buyer to pay compensation to cover shipping, handling and repair or diagnostic costs. This amount will depend on each particular case (reasonable and proportionate to the actual cost of the service provided). The buyer must pay the requested amount before the product is returned to their address.

8.3.3. Guarantee conditions for products sold directly by Sounds Market

All used products sold directly by Sounds Market are covered by the corresponding statutory guarantee for lack of conformity or operating defects that become apparent within a period of one (1) year from the date of delivery of the product, in accordance with the applicable legislation for second-hand goods.

In any event, this guarantee does not cover aesthetic damage or possible functional defects resulting from impacts, breakages or damage attributable to the buyer or to third parties unrelated to Sounds Market, nor those resulting from use contrary to the manufacturer's instructions. In all cases, products must be installed, used and repaired in accordance with the manufacturer's and/or Sounds Market's instructions. Otherwise, the product shall be deemed damaged and the guarantee shall be void.

The guarantee also does not cover potential aesthetic or functional defects that were already known to the buyer at the time of purchasing the product (for example, a condition of use and wear that the user voluntarily chose to purchase while aware of possible functional defects and signs of use explicitly described in the listing).

This guarantee also does not cover:

  • Periodic inspections, adjustments, maintenance or conversions, or the replacement of parts or components which, although showing wear from use, do not present functional problems (at the discretion of Sounds Market).
  • Damage caused by accidents, negligence, modifications, use of parts not belonging to the product's original manufacturer, improper use, installation or packaging;
  • Damage caused by lightning, water, fire, acts of war, public disturbances, incorrect mains voltages, inadequate ventilation or any other cause outside Sounds Market's control;
  • Speakers or other products that have been subjected to power levels higher than those for which they were designed;
  • Products with altered, erased, missing or illegible serial numbers;
  • Failure to comply with any instruction in the Instruction Manual, as well as any warning contained in the manual(s) or other relevant documentation.

8.3.4. Extension of the Guarantee period

Sounds Market may offer its customers a guarantee extension service for one or more of the products purchased from Sounds Market. The conditions of such guarantee extension shall be the same as those described in subsections 8.3.2. and 8.3.3. of these terms (except for the extension period, which may vary and will be duly communicated to the customer in a clear and concise manner).

9. SHIPPING AREAS

Our shipping service is currently available in Spain (mainland and the Balearic Islands), Germany, France, Italy, and many other countries within the European Union. Please note that it may not be possible to arrange delivery to certain remote or island territories.

During the process of listing an item, as well as during the purchase process, a list of countries available for the relevant action is displayed. Depending on the specific circumstances, additional shipping charges may apply. For purchases and deliveries outside the territories listed, buyers should contact our Customer Service Department at [email protected].

Sounds Market reserves the right not to process a shipment or order if, for logistical or internal reasons, it considers that fulfilment is not feasible. In such cases, the parties concerned will be clearly informed.

10. RETURNS AND REFUND OF FUNDS

The contents of this clause shall only apply in cases where, as a buyer and/or seller, you use the secure payment system we offer. Remember that if you have not used this service, you must abide by what you have agreed with the seller.

Sounds Market is not responsible for incorrect assembly by the buyer. Products must be installed, assembled and used in accordance with the manufacturer's and/or Sounds Market's instructions. As stated above, improper use of the products is the buyer's responsibility.

The buyer is solely responsible for deterioration of the product resulting from handling that exceeds what is necessary to establish the condition, characteristics and proper operation of the product. The returned product must be in the same condition in which it was delivered to the buyer. Use of the product must not go beyond merely checking its condition and proper operation. Otherwise, the product may suffer a reduction in its original value. In such case, the buyer accepts that Sounds Market reserves the right to refuse to accept the return of the product or to refund the buyer after deducting any amount resulting from damage caused to the Product (if the damage occurred after the product was shipped to the buyer).

10.1. Returns due to incidents involving individual sellers (non-professional)

For purchases between individual users, the buyer and seller acknowledge Sounds Market's authority to mediate and resolve the incident. This process is based on an internal investigation by the department responsible at Sounds Market, in which the information and documentation collected from all parties involved in the case will be compared. This process may take several days, depending on the complexity of the situation and the availability and communication with each of the parties.

If, as a buyer, the product does not arrive, is damaged, does not work properly or does not correspond to the description and/or photographs in the original listing, you may request the return of the product and/or a refund of the payment you have made. To do so, you must email [email protected] as soon as possible and before 48 hours have elapsed from delivery of the package by the company responsible for transportation, clearly indicating your intention to return the product. Once your email has been received, we will request that our financial services provider block the transfer of money to the seller. You must also attach detailed photographs supporting your claims.

Please observe the deadlines for notifying us of the return, as if our financial services operator has already transferred the money to the seller, it cannot be returned to you.

As a seller, Sounds Market will provide you with means to document the contents of the packages to be shipped, as well as their condition and the protective materials used during packaging (see section 7.8.3 of these terms). You may also communicate any details you consider relevant by contacting Sounds Market through the appropriate channels (by sending an email to [email protected]). We recommend providing as much detail as possible when documenting these aspects, as they may be key to your defence in the event of a dispute or claim between users.

The seller is responsible for sending the product in the condition (aesthetic and functional) specified in the listing and/or conversations with the buyer. Unless otherwise specified, the product must be delivered with the essential accessories required for its proper operation (for example, cable or power supply). If any essential accessory required for operation is not the original one, we recommend notifying the buyer to avoid possible claims. Even if they are not essential for operation, the accessories or additional items detailed in the listing and/or its photographs must also be sent.

If either party does not agree with the conclusion or resolution of a dispute, any additional claim must be submitted and notified through the appropriate legal channels.

10.1.1. Resolution in favour of the buyer

In the event of a resolution in favour of the buyer, the buyer may choose to receive a full refund of the transaction amount, with Sounds Market managing the return and sending back of the product to the seller (where there is a product to be returned) and the payment of the amount paid to the buyer.

Sounds Market will process the collection and shipment of the order with a transport company of its choice. The seller must pay the financial penalty (described in this same section) within 7 calendar days following notification by Sounds Market, to the bank account or through the payment method provided by Sounds Market. The seller accepts that failure to pay such financial penalty entails an express waiver of the return of the product and ownership thereof, as well as of the money to be received from its sale. Such product shall become the property of Sounds Market.

When resolving incidents, buyers must bear in mind that most products for sale on Sounds Market are second-hand and have been previously used. Therefore, signs of use that do not affect the use, mechanics or structure of the item shall not constitute sufficient grounds for return, unless the listing explicitly stated that the product was free from any aesthetic signs of use.

In these cases, the product must be returned following prior contact with the Sounds Market customer service department. Sounds Market will manage the return of the order provided that the return is made from the same country in which delivery took place and the circumstance giving rise to the return is verified.

The refund of the price paid by the buyer will be made within fourteen (14) days following the date on which Sounds Market receives the returned order and verifies that the product is in the same condition in which it was delivered, together with all documentation or accessories provided to the buyer.

The process of returning a product involves an additional transport and handling cost penalty, which will depend on each particular case and will generally be equal to the shipping cost considered for the initial shipment of the product in question, plus a penalty of up to €100 arising from handling costs (which will depend on each particular case).

The process of refunding funds from a payment previously made as part of a purchase also involves an additional cost penalty arising from the management of fund movements. This cost is 2% of the amount paid during the payment process.

The costs of returning the product and/or refunding funds shall be borne by the buyer or seller, depending on each particular case (according to its resolution), and Sounds Market shall be responsible for informing and specifying the method of payment of such costs in each case:

  • If the return and/or refund of funds is due to the product being damaged, malfunctioning or not corresponding to the description and/or photographs in the original listing, and Sounds Market determines (at its discretion) that the seller is responsible for what occurred, the costs arising from the process shall be borne by the seller.
  • If the refund of funds is due to the buyer deciding to cancel the purchase of the product in question before the product has been shipped, and for reasons unrelated to a breach of these terms of use by Sounds Market or the seller, the costs arising from the process shall be borne by the buyer.
  • If the refund of funds is due to the seller cancelling the purchase and sale process after payment has been completed for an available product, the costs arising from the process shall be borne by the seller. The seller is responsible for marking their listing as sold or removing it from Sounds Market if it is no longer available for sale or if they decide not to sell it and ship it through Sounds Market.
  • If the return and/or refund of funds is due to a breach of these terms of use by Sounds Market or to duly proven malpractice by a Sounds Market provider (taking into account its specific conditions), no additional costs shall be charged to either the buyer or the seller.

We will not refund your money when the reason for the return is due to circumstances of which you were already warned by the seller and for which there is reliable evidence. In order to exercise the right to return a received product, as a buyer you must ensure that the product has been tested in a safe environment, without excessive handling that could jeopardise its integrity. For example, you may not transport it without photographic and video evidence verifying that it was adequately protected at all times. Nor may you test the product received in unsuitable environments such as concerts, rehearsals or events involving a risk of damage by individuals other than the buyer. Once the return has been requested and the condition of the product has been documented graphically (photographs or videos), the product must remain in a controlled environment without further handling, in order to prevent subsequent damage. Anything described in this paragraph shall invalidate any right to return the received product.

The buyer may not request the return of the item on the grounds of dimensions and intrinsic characteristics of a commercial model that were clearly indicated in the listing. For example, the fact that a commercial product has a technical characteristic that the buyer did not take into consideration when making payment does not entitle them to a return. Aesthetic reasons such as colour or general appearance will also not be accepted, unless they differ radically from what is indicated in the product description.

10.1.2. Resolution in favour of the seller

In the event of a resolution in favour of the seller, meaning that Sounds Market determines that there is no reason to justify a return and/or refund of funds, the product will not be returned and the amount paid by the buyer will not be refunded. The money will therefore be transferred to the account indicated by the seller following the standard procedure described in section 7 of these terms.

10.1.3. Resolution with no liability for buyer or seller

If the transport conditions (packaging, protective materials, etc.) are correct (see section 7.8.3. PACKAGING. RESPONSIBILITY), and the damage is attributable to our courier service provider, the provider's own policies applicable to such cases shall apply, and Sounds Market shall submit the relevant claim against the responsible provider.

In these cases, the money will be refunded to the buyer and the product returned to the seller, with no additional costs for either party.

If the transport company accepts the processing of the claim and accepts responsibility, Sounds Market will keep the seller informed of its progress and, in the event of compensation, will transfer the corresponding amount within seven (7) working days of receiving the compensation from the provider.

10.2. Returns due to incidents involving professional sellers (or Company-type sellers)

Each professional seller acknowledges that, if a buyer returns a product because it does not conform to the description in the product information or because of a breach of these General Terms and Conditions and/or the professional seller's legal obligations, the seller may not refuse to apply the procedures described above and must take the appropriate measures within a reasonable period.

Purchases of items from Company-type advertisers (described in section 8 of these terms) shall be subject to the specific terms and conditions of the company responsible for the sale (which may be consulted on its official website).

Sounds Market has two types of returns for products from Company-type sellers: returns due to an incident or returns due to withdrawal.

10.3. Returns due to an incident

If the purchased product does not correspond to the qualities and standards advertised, or is a product different from that indicated in the listing on the Website, the buyer may terminate the contract and request a refund. These differences from what was advertised must be explicit, manifest and unequivocal. The buyer must notify Sounds Market by email within a maximum period of fourteen (14) calendar days from the date of receipt of the Product, and must send the product to Sounds Market within the deadlines and under the conditions established by the company for this purpose, taking into account the particular circumstances of the case.

The buyer must explain the reasons why the product does not correspond to the description in the product information and/or does not comply with these General Terms and Conditions. In addition, they must attach detailed photographs supporting their claims. Sounds Market will inspect the product in order to determine whether or not it conforms to the description in the product information and these General Terms and Conditions.

10.4. Returns due to withdrawal

In the case of products purchased from professional sellers, including Sounds Market when it sells its own products directly through the Website, where a buyer is an individual consumer and resides in the European Union, the law recognises the right to withdraw from the purchase within a period of fourteen (14) calendar days from the day on which the buyer or a third party designated by them (other than the carrier) receives the purchased product, or from the last product purchased where they have chosen to receive several packages from the same Order. During this period, the buyer may exercise their right to cancel the transaction with the professional seller without having to provide reasons or pay any penalty. The buyer may exercise their right of withdrawal even before receiving the product.

We recommend that, before returning the product, you contact us by email or telephone.

To exercise the right of withdrawal and return the product, the buyer must notify Sounds Market in writing of their decision within fourteen (14) days of receiving the product. In their communication, the buyer must specify all the information necessary to manage the return of the product (identification and contact details, purchase and order delivery date, product description or proof of purchase, etc.). To do so, they must notify us by email ([email protected]). Once the aforementioned fourteen (14) calendar-day period has expired, Sounds Market will not accept returns based on withdrawal.

Once Sounds Market has been notified of the buyer's intention to withdraw from the purchase, the buyer must return the product without undue delay and, in any event, within fourteen (14) days of the date on which the withdrawal was communicated. Exercising the right of withdrawal entitles the buyer to request a refund of the price paid and the initial shipping costs, if any. However, the buyer must bear the direct cost of returning the product to Sounds Market (handling and/or shipping costs, where applicable).

In any event, the product must be returned in the same condition in which it was delivered, together with all documentation or accessories provided to the buyer. A copy of the delivery note or purchase invoice received with the order must also be included. Likewise, if the product is not returned in the original packaging in which it was shipped, it may suffer a reduction in its original value. Use of the product must not go beyond merely checking its condition and proper operation. Otherwise, and where it can be demonstrated that use has gone beyond testing or checking the product (intensive or repeated use of the equipment), the product may suffer a reduction in its original value, or Sounds Market may even have the right to reject the return request.

In a return process, the buyer is solely responsible for correctly packaging and protecting the product (although Sounds Market may advise them in this regard, responsibility lies with the buyer). We recommend providing as much detail as possible when documenting the packaging, as this may be key to resolving any claim or incident.

Sounds Market will not accept returns that do not comply with applicable legislation, nor where there is unequivocal evidence or clear signs of use by the buyer (beyond that necessary to check the characteristics and operation of the product), or where the product is returned with damage that was not present when it was delivered to the buyer.

In the event of a claim, it is essential that the product's serial number is visible and/or verifiable in order to validate the identity of the product. Otherwise, we will not be able to verify that it is the product originally sold and the right of withdrawal will not apply.

If the return involves a shipping or logistics handling cost, Sounds Market reserves the right to require the buyer to cover such costs. The amount of this compensation will depend on each individual case (reasonable and proportionate to the actual cost of the service) and will be duly communicated to the buyer during the return process. The buyer will always have, as an alternative, the option of managing the return themselves, independently of Sounds Market. In such case, the financial compensation for return costs shall not apply, although the buyer shall be responsible for any incident or event occurring during the process.

When Sounds Market receives the product at its premises and verifies that it meets the above conditions, the corresponding total amount will be refunded within seven (7) working days.

Where the buyer purchases a product from a non-professional seller, the buyer shall not have a right of withdrawal as defined above.

11. COUNTERFEITS AND STOLEN PRODUCTS

Sounds Market fights against the sale of stolen products and counterfeits on the Internet. Consequently, Sounds Market undertakes to apply the procedures necessary to verify the authenticity of products sold directly by Sounds Market during the Conformity Check. It may also, at its discretion, cancel the sale of any product whose serial number is not visible and fully legible.

All sellers, both individual and professional, guarantee that the products they offer for sale are not counterfeits and are not prohibited from being sold. If a product offered for sale is a replica, the seller undertakes to state this expressly and unequivocally in the listing.

If it is discovered that a product is counterfeit, is prohibited from being sold or is a stolen item, it will be removed immediately and the seller's account may be temporarily or indefinitely suspended, at Sounds Market's discretion. The seller shall bear the risk and responsibility that the product may be seized by the competent authorities or by the owner of the relevant brand, who may retain or destroy it.

In the event of doubt regarding the authenticity of a product when carrying out the Conformity Check, Sounds Market reserves the right to request from the seller any document proving its authenticity and to suspend the seller's account until such documents are received. For example, Sounds Market may require the seller to provide the original purchase invoice for a product. If the seller is unable to prove the authenticity or ownership of the product within 3 working days of being requested to do so, Sounds Market may cancel the sale, with the seller bearing the return costs (described in section 10.1.1 of these terms).

12. RULES FOR USE OF OUR PLATFORM

Users generally must use our platform in accordance with these terms of use, contractual good faith and applicable law.

Users must use the Platform in accordance with the purposes for which it was created, refraining from carrying out any unlawful activity, activity constituting a criminal or administrative offence, or activity that infringes the rights of third parties or violates any rule of the legal system. In particular, and purely by way of example and not limitation, users undertake:

  • Not to knowingly or negligently introduce and/or disseminate content, in any medium, or comments of a racist, xenophobic or pornographic nature, content affecting minors, content that constitutes an endorsement of terrorism, or content that infringes or may infringe human dignity and the rights inherent thereto.
  • Not to knowingly or negligently introduce and/or disseminate any type of information or content in any medium that infringes the fundamental rights and public freedoms recognised by the Spanish legal system and international law.
  • Not to knowingly or negligently introduce and/or make available to third parties any type of information in any medium that constitutes or may constitute unfair or unlawful advertising.
  • Not to knowingly or negligently disseminate or transmit unsolicited or unauthorised advertising, advertising material, “spam” or “junk mail”, chain messages, pyramid schemes, and, in general, anything that deviates from the purpose of the Platform.
  • Not to knowingly or negligently introduce or disseminate any information or content through any medium that is false, misleading, ambiguous or inaccurate or that may lead to error.
  • Not to impersonate other users when using our Platform, and to keep the password for accessing it with due diligence.
  • Not to disseminate, transmit or make available to third parties any type of information, element or content without the authorisation of the owners of the corresponding intellectual or industrial property rights.
  • Not to disseminate, transmit or make available to third parties any type of information or element that constitutes a violation of the confidentiality of communications and personal data protection regulations.

Users expressly release Sounds Market from any liability for any claim, fine, penalty or sanction that may arise as a consequence of the user's failure to comply with any of the stated rules of use.

Sounds Market reserves the right to take any action to defend and enforce its rights, including the right to claim compensation for any loss or damage caused or that may be caused.

Sounds Market cannot guarantee that its platform and services will always be available or that access to them will not be interrupted. The Internet is not a one-hundred-per-cent secure network and users are responsible for keeping their equipment secure and in good working order, free from viruses through the use of appropriate software.

Users expressly assume responsibility for the content of the listings displayed on our platform; therefore, such listings must be truthful and clearly correspond to reality. Sounds Market reserves the right to remove, without prior justification and as soon as possible, listings and/or users, or to block functionalities where these terms and conditions of use, the law, customs or general principles of law are infringed, or where we deem it appropriate.

13. LIABILITY

Sounds Market is not a party to the relationship between users, nor does it participate in the contracting or performance of the transfer agreement. Consequently, any claim, cancellation or return relating to the transaction must be managed in accordance with the agreement established between the parties.

Sellers, buyers, advertisers and users generally are solely responsible for the information published on our Platform, as well as for the goods (products) and services that are the subject of listings and/or transactions. They shall also be responsible for descriptions, communications with other users and, in general, transactions carried out with other users and any disputes that may arise from such Transactions.

Sounds Market is not responsible for content provided by users of our platform; by way of example and without limitation, Sounds Market is not responsible for descriptions or photographs, including their accuracy or completeness; or for the quality, legality or safety of the items.

Sounds Market advises users to document the condition and circumstances of the product using any medium before it is shipped or when it is received, in order to address possible discrepancies or claims.

14. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

All content displayed on the Platform and, in particular, designs, texts, images, logos, icons, buttons, software, source code, trade names, trademarks or any other signs capable of industrial and/or commercial use are subject to and protected by intellectual and industrial property rights owned by Sounds Market or for which exploitation rights have been assigned to Sounds Market by their legitimate owners. Such assignment also includes promotional services and shall remain in force for as long as you are registered on our Platform.

Platform users may use the platform and the content published on it on a non-exclusive basis, solely for private use and exclusively for the purpose of enjoying the services offered by our Platform in accordance with these terms.

If you become aware of any unlawful or illegal content, content contrary to the law or content that could constitute an infringement of intellectual and/or industrial property rights, you must notify us as soon as possible by emailing [email protected], so that we can take the appropriate measures.

Sounds Market is not responsible for the use that users and third parties may make of the content on our Platform. Commercial use of the content is not permitted, nor is copying, storing, downloading, distributing, publishing, sending, transforming or decompiling the content or any part thereof, or making any use of means or procedures other than those made available to you on the Platform to use the content in a manner other than that authorised by Sounds Market.

References to trade or registered names and trademarks, logos or other distinctive signs, whether owned by Sounds Market or authorised third parties, may not be used without the corresponding authorisation from their legitimate owner. Unless otherwise provided, access to the services and content of our Platform does not grant the user any rights over the trademarks, logos and distinctive signs contained therein and protected by law.

15. EXTERNAL LINKS

The platform may contain links to other websites over which Sounds Market has no control and for which it assumes no responsibility. Users are advised to review the specific and individual legal notices of such websites and ensure that they have understood and accepted them before assuming any type of contractual obligation.

If, as a user of our platform, you detect that any of these links violates the law or contains any type of unlawful content, please notify us as soon as possible by email at [email protected].

16. ADVERTISING

Sounds Market reserves the right to display advertising on the Platform. Such advertising may be displayed in the form of an advertising BANNER in the “Blog” section or interspersed among user listings on the platform. In any event, we undertake to display such advertising in a non-intrusive manner and in accordance with the interface design of the devices, with the aim of minimising any negative impact on the user experience of our platform.

17. PRIVACY POLICY

In order to use our services and Platform, you must read our Privacy Policy and consent to the processing of your data by ticking the corresponding checkbox.

18. TERM AND AMENDMENTS TO THE TERMS OF SERVICE

These terms were drafted on 02/06/2020 and shall enter into force immediately upon their publication on our Platform.

Sounds Market may amend these Terms at any time and without prior notice, in accordance with applicable law, including the financial conditions, whether for legal, technical, operational, economic, service-related or market-related reasons, or as a consequence of the organisation or needs of the service, including amendments intended to adapt these terms to fluctuations in our business activity or changes in the market.

Sounds Market will duly inform you of these amendments so that you may accept them and continue as a user of our platform. If you do not agree with the proposed amendments, you may terminate the contract without any penalty for this reason, but you must notify us before the amendments come into force. Otherwise, once they enter into force, you will be deemed to have accepted these amended terms.

19. APPLICABLE LAW AND JURISDICTION

These terms shall be interpreted and governed by Spanish law in general and by the law of the Autonomous Community of Catalonia in particular, with both parties submitting to the Courts and Tribunals of the city of Barcelona (Spain) and expressly waiving any other jurisdiction that may correspond to them.

Ultimo aggiornamento: 8 settembre 2026