1. Company information
The website evainstruments.com is operated by:
EVA INSTRUMENTS, S.L. — Sociedad Unipersonal (S.L.U.)
Trading name: EVA Instruments
NIF: B93959021
Registered office: Urbanización Campos de Guadalmina, Edificio Avia, 1, Bajo, Puerta D, Marbella, Málaga, Spain
Registered with the Mercantile Registry of Málaga, Sheet MA-200827, First Registration
Phone: +34 664 88 86 02
Customer support: support@evainstruments.com
General and legal enquiries: info@evainstruments.com
Website: https://evainstruments.com
EVA Instruments develops, publishes and licenses music software, virtual instruments, audio plug-ins, sample libraries and related digital products.
2. Scope of these Terms
These Terms apply to purchases made directly through evainstruments.com unless the checkout clearly identifies a third-party Merchant of Record as the seller of record for the transaction.
Where a Merchant of Record is identified at checkout, that provider may be responsible for payment processing, invoicing, tax collection, refunds and other transaction-related obligations under its own buyer terms. EVA Instruments remains the developer and licensor of the product and provides product support unless otherwise stated.
By placing an order, you confirm that you have had the opportunity to review these Terms before completing the purchase.
Nothing in these Terms limits any mandatory rights that you may have as a consumer under applicable law.
3. Digital products and system requirements
EVA Instruments products are digital products. No physical delivery is provided unless a product page expressly states otherwise.
The description, format, supported operating systems, host applications, software requirements and other compatibility information shown on the relevant product page form part of the pre-contract information for that product.
You are responsible for reviewing the published system and compatibility requirements before ordering.
Where a Kontakt library is stated to require the full version of Native Instruments Kontakt, the full paid version of Kontakt must be obtained separately. EVA Instruments currently does not represent such libraries as licensed Kontakt Player libraries unless expressly stated on the relevant product page.
Changes made in the future by operating-system, DAW, plug-in-format or third-party software vendors may affect compatibility. EVA Instruments does not promise indefinite compatibility with future third-party platforms or versions, without prejudice to any mandatory statutory conformity rights.
4. How an online order is concluded
The normal ordering process is:
- select a product and add it to the cart;
- review the cart;
- proceed to checkout;
- provide the information requested for the transaction;
- review the products, price, payment method and applicable contractual information;
- accept the applicable Terms;
- submit the order using the payment button; and
- receive an on-screen confirmation and/or an order confirmation by email after the order has been accepted.
Before submitting the order, you may correct information using the cart and checkout fields. If you notice an error after placing the order, contact support@evainstruments.com.
Electronic order records are retained in our order-management systems as required for administration, support, accounting and legal purposes. Registered customers can access available order and download information through their account. Guest customers should retain their order confirmation email and may contact support if they need assistance recovering purchase information.
Orders placed through the English-language checkout are concluded in English. These Terms and the relevant legal information are also made available in Spanish. Support is available in English and Spanish.
5. Prices, payment and taxes
The applicable product price is the price shown during the ordering process. The amount to be paid is displayed before the order is submitted.
The available payment methods are those displayed at checkout. Payments are processed by third-party payment service providers made available through the checkout. EVA Instruments does not receive or store full payment-card details.
Depending on the customer’s location and the payment or Merchant of Record arrangement used for a transaction, applicable taxes or transaction-related charges may be calculated or collected by the relevant provider in accordance with applicable law. Any amount charged to the customer must be presented before the customer confirms payment.
An order may be refused or cancelled where payment is not authorised, where the transaction is unlawful, where fraud or misuse is reasonably suspected, or where there is an obvious material pricing or technical error. If payment has already been received for an order that is validly cancelled, the amount received for that order will be refunded in accordance with applicable law and the relevant payment provider’s procedures.
6. Digital delivery, downloads and accounts
Paid digital products are normally made available after successful payment confirmation.
Depending on the order and account status, download access may be provided through the order confirmation page, by email, through the customer’s EVA Instruments account, or through a combination of these methods.
An account is not required for every purchase. Where a customer creates an account, account credentials are personal and should be kept secure.
The licence to use a purchased product does not expire merely because time passes. EVA Instruments currently applies no preset time limit or download-count limit to re-downloading purchased products through the services where they remain available.
Customers are nevertheless encouraged to keep their own backup copy of downloaded installers and libraries. EVA Instruments may change the technical method used to deliver or host downloads without affecting licence rights already acquired.
If you lose access to your account, email address or download links, contact support@evainstruments.com and we will make reasonable efforts to verify the purchase and restore access.
7. Product updates
Updates released by EVA Instruments for the same product are provided to existing licensed users without an additional update fee.
This does not mean that EVA Instruments is required to develop any particular future feature, update or compatibility change except where required by mandatory law.
A separately released successor product or new product generation may be treated as a separate product and may require a separate purchase.
8. Right of withdrawal and refunds
8.1 Guaranteed 14-day refund period
For purchases made through evainstruments.com, EVA Instruments gives every customer a contractual right to cancel the purchase and request a full refund within 14 calendar days of the purchase, without having to give a reason.
This 14-day refund right applies whether you changed your mind, bought the wrong product, found that the product does not suit your needs or setup, experienced a compatibility issue, or for any other reason. Downloading, installing or opening the product does not by itself remove this 14-day refund right under these Terms.
For consumers to whom Spanish or other applicable EU consumer law applies, this policy is intended to preserve and supplement, not waive, any statutory right of withdrawal. EVA Instruments does not require a customer to waive a statutory withdrawal right merely because digital content is made available immediately after payment.
Nothing in this section limits any longer or additional mandatory consumer right that may apply under the law of your country.
8.2 How to request a refund or exercise a withdrawal right
To request a refund within the first 14 calendar days, or to exercise any applicable statutory right of withdrawal, send a clear message to support@evainstruments.com. A simple email is enough and no reason is required. Including your order number and the email address used for the purchase will help us locate the order quickly.
You may also send a withdrawal notice by post to EVA INSTRUMENTS, S.L.U., Urbanización Campos de Guadalmina, Edificio Avia, 1, Bajo, Puerta D, Marbella, Málaga, Spain.
You do not have to use the model form below, but you may do so.
8.3 Model withdrawal form
To: EVA INSTRUMENTS, S.L.U. — support@evainstruments.com
I hereby give notice that I withdraw from my contract for the following digital product(s):
Product(s):
Order number:
Order date:
Customer name:
Email used for the order:
Date:
8.4 Refund requests after 14 days
If more than 14 days have passed, please contact us anyway. We understand that software may not be downloaded, installed or properly tested immediately, and we do not want customers to feel stuck with a product that genuinely does not work for them.
Refund requests made after the first 14 days are reviewed individually. Although a refund after that period is not automatically guaranteed except where required by law, EVA Instruments may still provide a refund or another appropriate solution where we consider it fair and reasonable.
This may include technical or compatibility problems, an accidental or duplicate purchase, or other circumstances where a refund is a sensible resolution. We encourage customers to contact us and explain the situation.
Where the transaction was processed by a Merchant of Record, the refund may be processed through that provider’s applicable procedures. EVA Instruments will assist with the request where appropriate.
9. Statutory conformity rights
Consumers have the mandatory legal rights relating to conformity of digital content and digital services that apply in their jurisdiction.
Nothing in these Terms excludes or restricts those rights.
If a product is not in conformity with the applicable legal requirements, contact support@evainstruments.com so that the issue can be investigated and the appropriate remedy can be provided where required by law.
10. Licence and intellectual property
A purchase gives you a licence to use the relevant EVA Instruments product; it does not transfer ownership of the software, samples, recordings, source code, artwork or other intellectual property contained in the product.
Use of EVA Instruments software and content is governed by the Software & Content License.
If there is a conflict between these Terms and the Software & Content License, these Terms govern the sale and transaction, while the Software & Content License governs the permitted use of the product, except where mandatory law provides otherwise.
11. Promotions and discount codes
Promotions, discounts and coupon codes may be subject to additional conditions displayed with the relevant offer, including validity dates, eligible products and usage limits.
Unless expressly stated otherwise, promotional codes have no cash value and may not be combined with other offers where the checkout does not permit such combination.
EVA Instruments may correct obvious pricing or technical errors. Nothing in this section limits rights arising from a contract that has already become binding where applicable law does not permit cancellation.
12. Support and complaints
Customer support is available in English and Spanish at support@evainstruments.com.
We do not promise a fixed response time unless expressly agreed in writing for a particular service.
Complaints may be submitted to support@evainstruments.com or to the registered office stated above.
Official consumer complaint forms (Hojas de Quejas y Reclamaciones) are available in accordance with the consumer regulations applicable in Andalusia. Consumers may also use the official consumer complaint mechanisms provided by the competent Andalusian consumer authorities.
Where a dispute cannot be resolved directly, consumers may have access to a competent public consumer authority or an accredited alternative dispute-resolution body under applicable law.
13. Liability
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including mandatory consumer protections.
EVA Instruments is responsible for performing its obligations under the contract in accordance with applicable law.
To the maximum extent permitted by law, EVA Instruments is not responsible for losses caused exclusively by circumstances outside its reasonable control, by misuse of the product contrary to the documentation or licence, or by third-party systems and software over which EVA Instruments has no control.
For customers acting in the course of a business or profession, and to the extent permitted by law, EVA Instruments will not be liable for indirect or consequential commercial losses, loss of profit, loss of business opportunity or loss of data that could reasonably have been avoided by maintaining appropriate backups.
This section does not reduce any rights that a consumer cannot waive under applicable law.
14. Governing law and disputes
These Terms are governed by Spanish law.
If you are a consumer, this choice of law does not deprive you of any mandatory consumer protection granted to you by the law of your country of habitual residence where such protection applies.
Consumer disputes will be dealt with by the courts or other competent bodies determined by applicable mandatory law.
For customers acting exclusively in the course of a business or professional activity, and where legally permitted, the courts of Málaga, Spain, will have jurisdiction over disputes arising from purchases made directly from EVA Instruments.
Where a Merchant of Record is the seller of record for a transaction, its buyer terms may govern transaction-specific matters such as payment, tax collection, invoicing, cancellation and refunds.
15. Changes to these Terms
EVA Instruments may update these Terms to reflect changes in law, business operations, products, payment arrangements or website functionality.
The version applicable to a purchase is normally the version made available when the order is placed, except where a later change is required by law or is more favourable to the customer.
Changes to these Terms do not retroactively remove rights already acquired under a completed purchase.
16. Contact
For product support, order questions, refunds and customer service: support@evainstruments.com
For general or legal enquiries: info@evainstruments.com