Terms and Conditions of Sale
TERMS
CONTENT OF THE GENERAL TERMS AND CONDITIONS
The content of these terms and the general conditions govern all contracts concluded between the buyer and the seller regarding the MusicalStore2005.com website. A contract is subject to the version of the terms and conditions applicable at the time the contract is concluded.
Any condition on the part of the buyer that contradicts or deviates from these terms and general conditions does not form an integral part of the contract unless expressly agreed in writing by the seller.
ARTICLE 1 - DEFINITIONS
In these general conditions of sale (the "General Conditions"), terms not otherwise defined shall have the meaning attributed to them below:
"Customer" means any person, whether or not they have completed the registration process, who browses within the Site MusicalStore2005.com, including those acting as Guest Customer or Registered Customer, whether Consumer Customer or Professional Customer.
"Consumer Customer" means the natural person who acts for purposes outside his/her entrepreneurial, commercial, craft or professional activity, as defined sub article 3, letter a), of the Consumer Code.
"Professional Customer" means the natural or legal person who acts in the exercise of his/her entrepreneurial, commercial, craft or professional activity, or an intermediary thereof, as defined sub article 3, letter c), of the Consumer Code.
"Registered Customer" means the user who has successfully completed the registration process on the Site, who has chosen their password to access, among other things, the special section reserved for Registered Customers. The Registered Customer has the ability to browse within the Site and to use all the Services available on the Site MusicalStore2005.com from time to time.
"Guest Customer" means the user who has the ability to browse the Site, use the functionalities made available to the general customers, without having to proceed with registration on the Site and therefore without being able to use the Services.
"Consumer Code" means the Legislative Decree of 6 September 2005, n. 206 and subsequent amendments.
"Content" means all information, videos, images, sounds, music, photographs, software, newsletters (containing useful news aimed at the use of the Service and therefore to be understood as an integral part of it), animations, databases, design and contents, trademarks, logo, technical solutions adopted, graphic creations, look & feel, structure and any other part already realized or to be realized, whether registered or not, covered or not by copyright or legally protected, published on MusicalStore2005.com, or any other material (in any form) or service made available through the Site or by MusicalStore2005.com, to Customers, including information sheets related to Products or Services, images or descriptions related to Products or Services as well as trademarks or logos of third parties who are producers or suppliers of the Products or Services.
"Contract" means, jointly, these General Conditions of Sale (including any document referred to in these General Conditions), any further condition published on the Site MusicalStore2005.com, additional rules, guidelines, codes of conduct and/or instructions present on the individual Product sheets or, in any case, published on MusicalStore2005.com, as well as any registration form or Purchase Order issued by the Customer and accepted by MusicalStore2005.com,.
"Working Day" means each calendar day except Saturday, Sunday;
"MusicalStore2005.com," means the online sales store, published on the Site, named "MusicalStore2005.com," and managed by MusicalStore2005.com SRL.
"Purchase Order": means the order for the purchase of Products or Services issued by the Customer, in accordance with the purchase procedure referred to in article 3 that follows.
"Product" means every product put on sale by MusicalStore2005.com on the Site. "Site" means, the website MusicalStore2005.com
ARTICLE 2 - OBJECT
2.1 contains the terms and conditions governing:
(1) the sale and purchase of Products and the provision of Services purchased by the Customer through the Site; and (2) navigation on the Site by the Customer as well as the use of all functionalities made available to the Customer through the Site.
2.2 Any purchase of Products or Services made by (A) a Customer, acting as a Consumer Customer, shall be governed, in addition to the Contract, also by the provisions of the Consumer Code and Legislative Decree no. 70/2003, as applicable; and (B) a Customer, acting as a Professional Customer, shall be governed exclusively by this Contract, in addition to the provisions of the civil code, for matters not provided for herein.
ARTICLE 3 - REGISTRATION ON THE SITE AND ACCEPTANCE OF THE GENERAL CONDITIONS
3.1 The Customer who intends to act as a Registered Customer must complete the registration procedure on the Site providing the information and personal data requested and indicate an email address for login and a "password", as required in the appropriate section of the Site. MusicalStore2005.com will send a confirmation email of the registration to the email address provided by the Registered Customer during the registration process.
3.2 The Registered Customer is required to carefully read these General Conditions as well as, in general, the terms and conditions of the Contract that will be displayed and can be printed during the registration process also through access to pop-up or hyperlink; the Customer will accept such terms and conditions by clicking in the appropriate box marked with the words "I accept the terms and conditions of use".
3.3 The Customer expressly authorizes MusicalStore2005.com to send to their email address, also through specific links to the relevant pages of the Site, this Contract, including the related General Conditions, any special conditions, as well as all communications relating to the execution of this Contract. The Customer acknowledges that this Contract, including the related General Conditions, any special conditions, and all the related amendments from time to time in force, can be printed on paper or downloaded by the Customer himself.
ARTICLE 4 - PURCHASE ORDER, CONCLUSION OF THE CONTRACT, ORDER STATUS
4.1 Submission of the Purchase Order by the Customer
The offers of Products and Services on MusicalStore2005.com or, in general, on the Site are not binding for MusicalStore2005.com and do not constitute a public offer, but are an invitation to the Customer to submit Purchase Orders for Products or Services to MusicalStore2005.com.
The Contract must be reviewed by the Customer before submitting any Purchase Order for Products or Services. As provided in the previous art. 3 for Registered Customers, the submission of a Purchase Order by the Customer implies full knowledge and acceptance of these General Conditions as well as the Contract in general.
Purchase Orders must be filled out using the electronic form available in the specific section of the Site, and must be sent to MusicalStore2005.com through the Site itself, according to the methods indicated therein.
Each Purchase Order sent by the Customer will have the value of a binding contractual proposal pursuant to art. 1326 c.c..
Before sending the Purchase Order, MusicalStore2005.com will provide the Consumer Customer with the information (related to the Products or Services being purchased) required by art. 49 of the Consumer Code as well as by art. 12 of Legislative Decree no. 70 of 9 April 2003.
4.2 Confirmation of receipt of the Purchase Order by MusicalStore2005.com
After sending their Purchase Order for Products or Services, the Customer will receive an email from MusicalStore2005.com informing the Customer that their Purchase Order has been received, indicating the related identification number.
In this email, MusicalStore2005.com will also summarize the unit cost of each selected Product, the total line order, the total cost of the order (in case of purchase of more Products) and any costs for Services (i.e. transport, shipping). In the case of Consumer Customers, this email will also contain a summary of this Contract as well as the information expressly requested by article 13 of Legislative Decree no. 70 of 9 April 2003.(
Upon receipt of the above confirmation email, the Customer may verify the correctness of the data, Products, and Services purchased and, if necessary, report anomalies and/or errors or request information by sending an email through the contact form (click here)
4.3 Acceptance of the Purchase Order and conclusion of the Contract
MusicalStore2005.com will communicate the acceptance of any Purchase Order for Products or Services, subject to:
- verification of the availability of the Product, as well as - in the case where the Customer has chosen pickup of the Products at the carrier's warehouse or home delivery, the positive verification of the regularity of payment by the Customer, precisely: (i) the authorization for payment by the banking circuit, in case of payment by credit card or PayPal, or (ii) the receipt of the bank transfer by MusicalStore2005.com, in case of payment by advanced bank transfer.
Such communication will be sent by MusicalStore2005.com approximately within 2 (two) Working Days - or within 5 (five) Working Days, in case of payment by advanced bank transfer - following the receipt of the Purchase Order, by email.
In the case of a Purchase Order received from a Consumer Customer, the aforementioned acceptance email will also contain the information required under articles 49 and 50 of the Consumer Code.
The Consumer Customer undertakes, once the purchase proposal is made, to print and store this Contract, in compliance with the law and as provided in the Consumer Code.
In the event that the Customer does not receive any confirmation email of acceptance of the purchase proposal within 2 (two) Working Days - or within 5 (five) Working Days, in case of payment by advanced bank transfer - following the submission of the Purchase Order, the Customer may check the status of the purchase proposal in their user profile or may contact MusicalStore2005.com by filling out the form (click here)
If the Customer does not receive any acceptance email for the Purchase Order within 10 (ten) Working Days following the submission of the Purchase Order, such Purchase Order will be considered rejected by MusicalStore2005.com.
The Contract relating to the sale and purchase of the Product (or Products) or the provision of Services subject to each accepted Purchase Order as above will be considered concluded and, as such, effective and binding between the parties, at the moment the Customer has received the acceptance communication of the Purchase Order from MusicalStore2005.com as above.
Notwithstanding all of the above, the Customer acknowledges and agrees that:
(1) in the case where the Contract concluded as above provides for the delivery of the Product at home (at an address indicated by the Customer), at the carrier's warehouse, the Contract itself will be considered concluded by the Customer with MusicalStore2005.com, which last will therefore act as the seller of the Product sold (as well as the supplier of any Services purchased by the Customer);
(2) The ownership of any Product purchased by a Customer under the Contract will transfer to the Customer only upon the full payment by the latter of the price due for the purchase of the Product itself.
4.4 Updates regarding the status of the Order
MusicalStore2005.com reserves the right to provide the Customer with updates regarding the status of execution of any Purchase Order that has been accepted by MusicalStore2005.com , pursuant to the previous art. 4.3. In particular, MusicalStore2005.com reserves the right to make the following communications to the Customer, via email, regarding the status of each Purchase Order.
(1) In the case of Purchase Orders that provide for the delivery of the purchased Products to the home or address indicated by the Customer or at the carrier's warehouse, MusicalStore2005.com will communicate the following statuses of the Purchase Order:
- SHIPPED TO HOME, meaning that all Products related to the Purchase Order have been shipped to the indicated address. In the order detail, the bill of lading code for all orders and the related link that opens the carrier's website with delivery information can be verified.
- PARTIALLY SHIPPED, meaning that, when the purchase proposal consists of multiple lines of Product, at least 1 (one) of these Products has already been shipped (specifying which Product has been shipped); MusicalStore2005.com , in fact, may ship Products from different warehouses and, therefore, at different times.
4.5 Cancellation of the Purchase Order and conclusion of the Contract
In the Case where the Customer wishes to cancel the order before shipping, they must send the cancellation request via FAX to 080.3104671, indicating the order number, Name, and Surname. No other forms of cancellation are accepted.
ARTICLE 5 - PRODUCT CHARACTERISTICS
5.1 Products on offer
The possible purchase by the Customer of Products published in the special "offer" section or expressly indicated as "limited offer" (or similar) is subject to a daily purchase limit of only one item per Customer per day.
5.2 Prices
The prices of the Products published on the Site include VAT but do not include any expenses for Services that may be requested by the Customer.
The purchase of Products, as illustrated and described on the Site in the relevant technical sheets, as well as the Services are made by the Customer at the price in force at the time of sending the Purchase Order, a price that will be, in any case, displayed on the Site as well as within the Purchase Order.
Notwithstanding all of the above, MusicalStore2005.com reserves the right to change at any time, at its sole discretion and without notice, the price of the Products and Services from time to time present on the Site, without providing any guarantee that the sale price of the Products or Services will remain available on the Site or unchanged for a certain period of time. On the contrary and for clarity, any price that has been agreed upon following the acceptance by MusicalStore2005.com of a Purchase Order issued by a Customer, will remain firm and unchangeable between the parties.
5.3 Description of Products
The technical sheets of the Products on the Site (and, therefore, the description of the functions and characteristics of each Product) are drawn up directly by the manufacturer of each product concerned.
As a result, MusicalStore2005.com declines all responsibility for any errors in the technical sheets and/or inaccuracies and/or for defects in correspondence between the descriptions of the Products and the actual functions and characteristics of the Products themselves; the images and photos used to accompany each descriptive sheet of the Products are purely indicative and may not be perfectly representative of the characteristics of the Product itself, as it may differ in color, size, or accessories not present in the image and photos used to accompany.
5.4 Availability of Products
The availability of each Product is updated on the Site in real time. Given the fact that the ability for Customers to place orders online constantly changes the availability of Products, MusicalStore2005.com does not guarantee the availability of Products ordered by the Customer but reserves the right to verify it from time to time, communicating it to the Customer according to the previous article 4.
ARTICLE 6 - PAYMENT METHODS
6.1 Payment in case of pickup at our headquarters
Customers who choose to pick up the Products at our headquarters can make the related payment at the time of delivery using the payment methods available and may also pick up the Products at different times (if the respective Purchase Order includes more than one Product or more copies of the same Product).
6.3 Payment in case of pickup at the carrier's warehouse or home delivery
Customers who decide to pick up the Products at the carrier's warehouse or to receive the Product at home can make the payment using the payment methods available in the purchase process.
6.4 Methods of making the payment
(1) Advance bank transfer
In the case of home delivery of the Product or pickup at the carrier's warehouse, if the Customer has chosen to make the payment via advance bank transfer, the payment must be made to the account of MusicalStore2005.com within 5 (five) Working Days from the receipt of the Purchase Order according to the previous art. 4.2; if the bank transfer is not received by MusicalStore2005.com within this period, MusicalStore2005.com will have the right not to accept the respective Purchase Order or, in the case where such Purchase Order has already been accepted, the respective Contract shall be considered automatically resolved and ineffective and the Customer will receive an email from MusicalStore2005.com for this purpose.
For the execution of the transfer, the Customer's bank might charge a commission.
In any case, the Products subject to each Purchase Order accepted by MusicalStore2005.com will be shipped by the latter only after MusicalStore2005.com has verified the credit of the due amount on its current account.
(2) Credit card
In the case of home delivery of the Product or pickup at the carrier's warehouse, if the Customer has chosen to execute the payment with a credit card among those available and indicated online, the payment must be made at the time of forwarding the Purchase Order by the Customer.
For a Purchase Order to be confirmed, the Customer must provide a reference phone number to be contacted to allow MusicalStore2005.com any necessary checks for the security of the transaction; in the absence, MusicalStore2005.com reserves the right not to accept the Purchase Order.
At no time during the payment procedure is MusicalStore2005.com able to know information related to the credit card, credit card number, or financial, property, and personal information of the Customer.
The payment order is, in fact, transmitted - through a protected connection - directly to the portal of the bank or financial company expressly indicated, at the time of the Customer's confirmation.
MusicalStore2005.com is in no case responsible and cannot be held responsible for any fraudulent and illicit use of credit cards that may be made by third parties during the purchase and payment procedure of the products.
(3) Payment via PayPal (or other Cards through PayPal):
In the case of home delivery of the Product or pickup at the carrier's warehouse, if the Customer has chosen to purchase through the PayPal payment method, at the end of the order, the Customer is directed to the login page of PayPal.
The amount due by the Customer in relation to each Purchase Order is charged to the PayPal account at the time of sending the same Purchase Order by the Customer.
For each transaction made with the PayPal account, the Customer will receive a confirmation email from PayPal.
MusicalStore2005.com reserves the right not to accept Purchase Orders or to suspend the execution of Contracts already concluded if PayPal reports anomalies or irregularities in the payment. In such a case, MusicalStore2005.com reserves the right to request additional information from the Customer and/or the sending of copies of documents proving the ownership of the credit card used for the purchase. In the absence of the requested documentation, MusicalStore2005.com reserves the right not to accept the Purchase Order or to resolve any Contract already concluded, without this giving any right to the Customer to claim compensation for damages or to assert other claims.
(4) Cash on Delivery Payment
Cash on delivery is a payment method that allows the customer to pay the exact amount of the order in cash directly to the courier upon delivery. This payment method is available only for orders over 500 euros and below the maximum ceiling indicated by Italian laws regarding the maximum management of cash for each single purchase.
For cash on delivery, a supplement of 10.00 € is added to the shipping cost, indicated in the order summary, which is retained by the courier to manage the money. It is advisable to have the exact amount of the order, as couriers do not give change.
It should be noted that the order is not shipped immediately but remains pending until an operator contacts the customer by phone to receive confirmation of the shipping address.
The order is considered null, in case of two failed contact attempts within 3 days following the placement of the order.
The cash on delivery method is available only for products deemed suitable for this method of payment, so it will not be displayed on the entire catalog of MusicalStore2005.com. However, if at least one product in your cart is eligible for payment by cash on delivery, you can use it to purchase the other products in the cart within the minimum and maximum values present in the information.
(5) Amazon Payments
Amazon Payments is a service that allows you to send payments for products and services using the payment methods already associated with your Amazon.it account. To make a payment, you can use one of the methods available in your Amazon.it account.
In the case of unauthorized Amazon Payments charges on your payment method, you can dispute the charge. Depending on how promptly you notify us of any unauthorized transactions, you may be exempted from paying them. If you use Amazon Payments for qualified purchases on third-party websites, the condition of the purchased item and the timeliness of delivery are guaranteed by Amazon's A to Z Guarantee. If you pay for a product or service but do not receive the ordered item, or if it is substantially different from that advertised by the seller, you can dispute the transaction and request a refund. For more information, see Transaction Disputes.
(6) Google Pay
The Google Pay payment method is available only for products deemed eligible for this payment method, so it will not be displayed on the entire catalog of MusicalStore2005.com. However, if at least one product in your cart is eligible for payment with Google Pay, you can use it to purchase the other products in the cart within the minimum and maximum values present in the information.
(7) Apple Pay
The Apple Pay payment method is available only for products deemed eligible for this payment method, so it will not be displayed on the entire catalog of MusicalStore2005.com. However, if at least one product in your cart is eligible for payment with Apple Pay, you can use it to purchase the other products in the cart within the minimum and maximum values present in the information.
(8) Scalapay
The Scalapay payment method is available only for products deemed eligible for this payment method, so it will not be displayed on the entire catalog of MusicalStore2005.com. However, if at least one product in your cart is eligible for payment with Scalapay, you can use it to purchase the other products in the cart within the minimum and maximum values present in the information.
(9) Oney
The Oney payment method is available only for products deemed eligible for this payment method, so it will not be displayed on the entire catalog of MusicalStore2005.com. However, if at least one product in your cart is eligible for payment with Oney, you can use it to purchase the other products in the cart within the minimum and maximum values present in the information.
(10) PagoDil
The PagoDil payment method is available only for products deemed eligible for this payment method, so it will not be displayed on the entire catalog of MusicalStore2005.com. However, if at least one product in your cart is eligible for payment with PagoDil, you can use it to purchase the other products in the cart within the minimum and maximum values present in the information.
(11) Soisy
The Soisy payment method is available only for products deemed eligible for this payment method, so it will not be displayed on the entire catalog of MusicalStore2005.com. However, if at least one product in your cart is eligible for payment with Soisy, you can use it to purchase the other products in the cart within the minimum and maximum values present in the information.
(12) Sella personal credit
The Sella personal credit payment method is available only for products deemed eligible for this payment method, so it will not be displayed on the entire catalog of MusicalStore2005.com. However, if at least one product in your cart is eligible for payment with Sella personal credit, you can use it to purchase the other products in the cart within the minimum and maximum values present in the information.
(13) Findomestic
The Findomestic payment method is available only for products deemed eligible for this payment method, so it will not be displayed on the entire catalog of MusicalStore2005.com. However, if at least one product in your cart is eligible for payment with Findomestic, you can use it to purchase the other products in the cart within the minimum and maximum values present in the information.
ARTICLE 7 - DELIVERY OF PRODUCTS
7.1 Home delivery, pickup at the carrier's warehouse, or pickup at our headquarters
Delivery times and storage
The Products will be delivered by MusicalStore2005.com to the address or to the carrier's warehouse selected by the Customer in the Purchase Order) within an indicative and non-binding period of 15 (fifteen) Working Days from the sending of the acceptance email of the Purchase Order by MusicalStore2005.com. If the Products are not delivered after 15 (fifteen) Working Days from the sending of the acceptance email of the Purchase Order by MusicalStore2005.com, the Customer may fill out the form (click here) indicating the order number and any notes.
After receiving such email and after making the appropriate checks, MusicalStore2005.com will contact the Customer, approximately within 2 (two) Working Days, responding to the Customer's request for information.
In case of purchase of multiple Products of different types, MusicalStore2005.com reserves the right to deliver the individual Products at different times and deliveries. Such a choice by MusicalStore2005.com will not result in any additional costs for the Customer.
The Customer is required to verify, at the time of receipt of the ordered Products: (a) if the number of packages delivered corresponds to that indicated on the transport document, (b) if the packaging is intact, and (c) if the Product delivered to him is consistent with the Purchase Order made.
The Customer must sign the delivery note indicating ''subject to control on the integrity of the products"; if this is not done, the Customer will not be able to contest later the external non-conformity of the Product and its quantity compared to what was ordered.
In the case of pickup of the Product at our headquarters, MusicalStore2005.com will communicate via email to the Customer the date from which the Product can be picked up. The Product will remain in storage waiting for pickup by the Customer for 5 (five) Working Days from the date the Product is available as above. After this last term, MusicalStore2005.com will have the right to declare the related Contract resolved and ineffective, sending an email to the Customer for this purpose, and in such a case, MusicalStore2005.com will have the right to re-sell the Product.
Invoice
The invoice for purchases of Products (and related Services), delivered to the home, can be downloaded by the Registered Customer directly online in the Customer's profile.
For Products picked up at our headquarters, the invoice will be delivered directly to the Customer.
No changes in the invoice will be possible after its issuance.
For orders involving multiple Products, separate invoices may be issued based on the actual shipments made.
Shipping costs
To the price of the Product purchased by the Customer for which home delivery is requested, an amount for shipping costs must be added. This amount is calculated automatically by the system of MusicalStore2005.com, taking into account, among other things, the weight and dimensions of the Products, but without distinctions related to the place of delivery in Italian territory. This amount will be indicated in the Purchase Order before its submission by the Customer.
Pickup at our headquarters, in case of pickup of the Products at our headquarters, no transportation cost will be added.
Pickup at the carrier's warehouse. In case of pickup of the Products at the carrier's warehouse, the transportation costs must be added to the price of the purchased Product, calculated automatically by the system of MusicalStore2005.com taking into account, among other things, the weight and dimensions of the Products; these amounts will be indicated in the Purchase Order before its submission by the Customer.
Pickup
In the case of orders involving Products of different types, MusicalStore2005.com reserves the right to deliver the products at different times and deliveries; this choice will not result in any additional costs for the Customer.
In the case of pickup of the Product at our headquarters, MusicalStore2005.com will communicate via email to the Customer the availability and possibility of picking up the Product. The Product will remain in storage at our headquarters for 5 (days) Working Days from the date the Product is available as above; after this term MusicalStore2005.com the right to declare the related Contract resolved and ineffective, sending an email to the Customer for this purpose, and in such a case, MusicalStore2005.com will have the right to re-sell the Product.
ARTICLE 8 - LEGAL WARRANTY OF CONFORMITY
All Products purchased through MusicalStore2005.com are covered by the legal warranty of conformity in accordance with the Consumer Code and the Civil Code, as applicable.
Professional Customer
For each Product purchased by a Professional Customer, they will benefit from the warranty for defects in the sold goods under art. 1490 et seq. c.c.; the action of the Professional Customer to enforce the warranty for defects expires 1 (one) year after the delivery of the purchased Product and the related defects must be reported within the terms of art. 1495 c.c.
Consumer Customer
For each Product purchased by a Consumer Customer, they will benefit from the legal warranty of conformity provided by articles 128 et seq. of the Consumer Code.
The legal warranty incumbent on the seller applies to conformity defects that manifest within 24 months from the date of delivery of the Product and that are reported by the consumer within 2 months following the date of discovery of the defects, in accordance with art. 132 of the Consumer Code.
This warranty must be enforced directly against MusicalStore2005.com , if it acts as the seller of the defective Products, and precisely in the case of sale of Products for which the related Contract provides for home delivery, in many cases it is possible to make use of the warranty using the assistance centers scattered throughout the national territory, in case, for more information or to activate the warranty procedures contact our customer service through the contact form (click here).
Operational methods to enforce the legal warranty of conformity
To enforce the warranty on products purchased on MusicalStore2005.com, submit the request using the form (click here)
Return costs
The shipping costs for sending (shipment of the non-functioning product under warranty) are borne by the buyer, the return (shipment of the repaired or replaced product) are borne by the company MusicalStore2005.com.
MusicalStore2005.com commits, on a voluntary basis, to perform the repair or replace the defective Product within 40 (forty) days from the warranty assistance request, in order to provide a high level and absolutely transparent post-sale assistance service.
Note: In case of a product under warranty where the malfunction has not been confirmed by the authorized assistance center of the respective manufacturer as a manufacturing defect, the assistance center will issue a quote for the repair, the consumer must make the payment within 14 days from the request to proceed with the repair, in case of absence or non-acceptance, the assistance center will issue an invoice/receipt of only the costs incurred for control, verification, and transportation performed on the product, the consumer must make the payment of what is due within 90 days to proceed with the return of the product, in absence, the assistance center will proceed with the disposal of the product without further communication.
ARTICLE 9 - RIGHT OF WITHDRAWAL FOR CONSUMER CUSTOMERS
In the case of a Contract for the purchase of Products and Services concluded, pursuant to the previous art. 4.3, by a Consumer Customer, they will have the right to withdraw from the Contract, according to and for the effects of articles 57 et seq. of the Consumer Code, without any penalty and without specifying the reason.
The decision to exercise the right of withdrawal must be communicated by the Consumer Customer, by filling out the form at the following link ["Return Form"] or by sending a registered letter with acknowledgment of receipt within 14 (fourteen) days from the receipt of the Product to the following address:
MusicalStore2005.com SRL, with Headquarters in Z.I. Via del Mandorlo, 24
, 70022 - Altamura - Bari - Italy
Attention: Administrative Office
The withdrawal communication must specify the intention to withdraw from the purchase (it is not necessary to specify the reasons) and the Product or Products for which the right of withdrawal is to be exercised, attaching a copy of the documentation proving the purchase.
In case of electronic submission ["Return Form"]. We will send you without delay a confirmation of receipt of the withdrawal on a durable medium (for example, by email).
Upon receipt of the registered letter of withdrawal communication:
(a) an email will be sent to the Customer with the return authorization number. This number must be included on the box of the Product to be returned;
(b) the Product must be packaged - with the manuals, any accessories, and everything originally contained - in the original boxes so as to safeguard it from possible damage (shipping and transport costs are borne by the Customer);
(c) the Product must be returned intact, within 14 calendar days from the day on which the withdrawal was communicated, to the above address (in the case where the Product was delivered to the home or picked up by the Consumer Customer at the carrier's warehouse)
PICKUP AT HEADQUARTERS:
(c.1) the Product picked up at our headquarters is not subject to the normal directive of the right of withdrawal, the withdrawal may be approved at the discretion of the seller based on the type of product purchased. Any credit following the right of withdrawal applies exclusively to goods intact at the time of return, in accordance with art.57, paragraph 2 of the Consumer Code. The Customer will be responsible for the decrease in value.
The corresponding amount will be automatically added to their account in "MusicalStore2005 purchase voucher" (Not refundable) and can be used in whole or in part without any restriction.
If, however, the rules, conditions, and terms for exercising the right of withdrawal, as specified in this article, are not respected, the Consumer Customer will not be entitled to a refund of the sums already paid. In such a case, the Consumer Customer may regain, at their own expense, the Product in the state in which it was returned to MusicalStore2005.com. Otherwise, MusicalStore2005.com may retain the returned Products, in addition to all sums already paid by the Consumer Customer for the related purchase.
In case of withdrawal, the costs for the return of the product are borne by the Consumer Customer.
For completeness, the Consumer Customer may not exercise the right of withdrawal in question if one of the exclusion cases of the right of withdrawal provided for by art. 59 paragraph 2 of the Consumer Code occurs.
Times and methods of refund following the exercise of the right of withdrawal
After the return of the Product, MusicalStore2005.com will carry out all checks and verifications as per the previous paragraph. In case the checks conclude positively, MusicalStore2005.com will send to the Consumer Customer, via email, confirmation of the acceptance of the returned Product and re-credit, within 14 (fourteen) days from the communication of the withdrawal.
MusicalStore2005.com may, however, withhold the refund until it has received the item and verified its integrity.
If there is no correspondence between the recipient of the Products indicated in the Purchase Order and the person who made the related payment, in the case of exercise of the right of withdrawal by the Consumer Customer, the refund of the sums will be made by MusicalStore2005.com, in any case, to the person who made the related payment, unless the consumer has requested otherwise.
MusicalStore2005.com will refund the payment received for the purchase of the product and the costs related to the cheapest shipping method offered by MusicalStore2005.com incurred to receive the item. The costs for the return of the product are borne by the Consumer Customer.
If the returned products show damage or signs of wear resulting from handling not necessary to establish the nature, characteristics, and functioning of the same, MusicalStore2005.com will deduct from the refund an amount corresponding to their decrease in value.
Exclusion of the right of withdrawal
The right of withdrawal is excluded and, therefore, the preceding paragraphs do not apply with regard to Contracts concluded with Professional Customers.
All purchases whose delivery is perfected inside a point of sale.
All audiovisual products or computer software, sound cards, midi controllers where the package includes LE type license key software, which have been opened or activated by the consumer.
Excludes delivery expenses to the recipient which constitute a service that the latter has benefited from. The right of withdrawal is excluded in all cases provided for by art.59 of the Consumer Code.
Contestation of a Partial or Non-Refund Refund
In case of disagreement with the decision taken regarding the refund, whether it is partial or totally denied, it is possible to contest such a decision within 30 days from the communication. It is sufficient to respond to the return practice by making a single complaint request that includes further information or documents possibly not previously evaluated.
ARTICLE 10 - SECURITY
The Registered Customer is responsible for the safekeeping and appropriate use of all emails, user names, nicknames, and passwords used for connecting to the Site and must take all necessary measures to ensure that they are properly used and that user names and passwords are kept secret and not disclosed to any unauthorized person.
The Registered Customer is responsible for any activity carried out using their account and is liable for any damage resulting from the improper use of their access data by third parties.
The Registered Customer must immediately inform MusicalStore2005.com if there are reasons to believe that a user name (or email) or a password are, or are likely to be, known by someone unauthorized to use them or are likely to be used in an unauthorized manner.
If a Registered Customer forgets or loses their user name, they must contact MusicalStore2005.com and perform the security checks provided by MusicalStore2005.com.
MusicalStore2005.com reserves the right to suspend user names (or emails), nicknames, and passwords for accessing the Site, if it believes that there is - or is likely to be - a security problem or unauthorized use of the same.
The Registered Customer is responsible for the truthfulness of the information and personal data provided at the time of registration. The Registered Customer must immediately inform MusicalStore2005.com of any changes in the information and personal data provided at the time of registration or directly update them, if possible, so that such information and personal data are constantly current, accurate, complete, and truthful. If false, inaccurate, or incomplete information or personal data are provided, or MusicalStore2005.com has reasonable suspicion that they have been provided, MusicalStore2005.com will have the right to prevent the use of the Site by the Registered Customer.
ARTICLE 11 - USE OF THE SITE
The Site, Products, Services, and functions made available or purchased through the Site are provided exclusively for the personal use of the Customer. The Customer may not resell or attempt to resell Products, Services, Content, or functions made available or purchased through the Site to any third party, nor use the Site for business activities or for professional or commercial purposes, including advertising, promotion, placement, or any other form of marketing of Products, Services, or Content made available through the Site, without the prior written consent of MusicalStore2005.com.
The Customer must not copy, modify, transmit and externally distribute, display publicly, download, print, or publish any part of the Site or the Contents for commercial purposes. The Site may be used exclusively for the personal purposes of the Customer and in accordance with this Agreement.
The User may not in any way modify or vary the editing, graphics, layout, or the "look and feel" of any webpage within the Site, it being understood that these will be defined by MusicalStore2005.com or on behalf of MusicalStore2005.com at its sole discretion. MusicalStore2005.com will have the right to insert its own trademark, trade name, logo, ideogram, or other distinctive sign of MusicalStore2005.com or third parties as well as insert banners, hyperlinks, or other forms of advertising at its total discretion within each webpage within the Site.
The Customer must not exploit or use the Site, or any Content, in such a way as to cause detriment to MusicalStore2005.com or third parties. In particular, the Customer is obliged to refrain from using the Site or the Contents to carry out activities in competition, or in any way that causes harm or prejudice to the interests, including economic interests, or to the image of MusicalStore2005.com, other Customers, or third parties.
The User is solely responsible for evaluating any Product or Service present on the Site.
MusicalStore2005.com assumes no responsibility for personal data or information or other content possibly sent, disseminated, uploaded, or downloaded by the Customer or by any third party through the Site. If the Site allows the Customer to make comments or opinions regarding Products, Services, or functions made available through the Site, the Customer undertakes to ensure that such comments or opinions specifically refer to the activity of the economic operator subject to comment and refer to specific and circumstantial facts. Notwithstanding the foregoing, MusicalStore2005.com reserves the right not to disseminate, remove from the Site, or modify without prior notice any content made available by the Customer of which it has become aware, as well as any other content however published by third parties that constitutes or may constitute a violation of this Agreement, of mandatory legal norms or of third party rights, or in cases where MusicalStore2005.com believes in good faith that such information or content constitutes a violation of this Agreement or the law.
The Customer must indemnify MusicalStore2005.com from any claim or legal action initiated or threatened against MusicalStore2005.com by third parties as a result of the fact that the Site or its functions are used by the Customer in violation of this article as well as in violation of any other provision of this Agreement.
ARTICLE 12 - INTELLECTUAL PROPERTY
The intellectual property rights relating to the Site or the Content are and remain the exclusive property of MusicalStore2005.com or its licensors.
Customers are expressly prohibited from copying, modifying, creating derivative works from or based on the Site, the Content, or the software.
Customers are expressly prohibited from downloading, copying, reproducing, duplicating, or otherwise using or disseminating any trademarks, trade names, logos, ideograms, or other distinctive signs relating to MusicalStore2005.com and MusicalStore2005.com or its products.
ARTICLE 13 - PROTECTION OF PERSONAL DATA
The information prepared pursuant to art. 13 of Legislative Decree no. 196 of 30 June 2003 (so-called Code regarding the protection of personal data) is considered an integral part of this Contract.
For information relating to the processing of personal data provided by the Customer at the time of registration on the Site or, subsequently, even when accessing the reserved area of the Site, please refer to the Privacy Policy section available on the Site in its constantly updated version.
ARTICLE 14 - CHANGES AND PARTIAL INVALIDITY
MusicalStore2005.com reserves the right to make, at any time, at its sole discretion, all changes, additions, and/or updates that it deems necessary and/or simply appropriate to the Site, the contents, the programs, and/or other materials contained therein and/or available through the Site itself (including these General Conditions).
For clarity, any changes and/or updates made as above will not affect Contracts already signed with Customers before such change or update is made.
In the event that a provision of this Contract is declared null, invalid, or ineffective, in whole or in part, by any competent court, control authority, or administrative authority, the remaining provisions of this Contract will not be affected.
ARTICLE 15 - COMMUNICATIONS AND PROBLEM SOLVING
Any communication relating to these General Conditions or, in general, to any Contract signed with MusicalStore2005.com must be sent by mail, fax, or email to the addresses indicated below:
E-commerce Manager
c/o MusicalStore2005.com SRL, with Headquarters in Z.I. Via del Mandorlo, 24
, 70022 - Altamura - Bari - Italy
In case of problems connecting to the Site during the order process, the Products already selected by the Customer will be stored in the "cart" section and the Customer, once the connection is re-established, will be able to re-enter the Site and complete the order process.
ARTICLE 16 - JURISDICTION AND COMPETENT FORUM
The Contract is governed by Italian law.
Under art. 66-bis of Legislative Decree 206/2005, territorial jurisdiction is irrevocably attributed to the court of residence (or domicile) of the Consumer.
Furthermore, any disputes may be managed through the new O.d.r. (Online Dispute Resolution) platform, an online mediation platform for consumer protection, created by the European Commission. The new mediation system is accessible via the website https://webgate.ec.europa.eu/odr