The following General Sales Conditions govern the offer and sale of products on this website www.nonsolomusica.biz (Website), by Nonsolomusica di Lazzari Eugenio with registered office in Dairago, via Damiano Chiesa 10, 20036 Dairago (MI) C.F. LZZGNE58R14B212D – P.I. 11793110963 (NONSOLOMUSICA).
1. Scope of application
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.2 The General Sales Conditions can be changed at any time. Any changes and / or new conditions will be in force from the moment they are published on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Conditions of Sale. The applicable General Terms and Conditions of Sale are those in force on the date of sending the purchase order.
1.3 These General Terms and Conditions of Sale do not regulate the sale of products and / or the provision of services by parties other than NONSOLOMUSICA that are present on the Site through links, banners or other hypertext links. Before making commercial transactions with these parties, it is necessary to verify their sales conditions. NONSOLOMUSICA is not responsible for the provision of services and / or the sale of products by such parties. On websites that can be consulted through these connections, Hi-Fi Di Prinzio does not perform any checks and / or monitoring. NONSOLOMUSICA is therefore not responsible for the contents of such sites nor for any errors and / or omissions and / or violations of the law by the same.
2. Purchases on the Site
2.1 Access to sales made through the Site is reserved exclusively for users who are at least 18 years old.
2.2 NONSOLOMUSICA reserves the right to refuse or cancel orders coming from (i) a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Terms and Conditions of Sale and / or the conditions and / or terms of a purchase contract with NONSOLOMUSICA; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have issued false, incomplete or in any case inaccurate identification data or who have not sent NONSOLOMUSICA promptly the documents requested by them based on these General Conditions of Sale or who have sent invalid documents; (v) from users who do not give sufficient guarantees of solvency.3
3. Registration on the Site
3.1 Registration on the Site is free.
3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, and to inform NONSOLOMUSICA without delay, by contacting them as indicated in art. 13, in case of suspected misuse and / or disclosure of the same. The user guarantees that the personal information provided during the Site registration process is complete and truthful. The user agrees to hold NONSOLOMUSICA harmless from any damage, indemnity and / or sanction arising from and / or in any way related to the user’s violation of the rules on registration on the Site or on the preservation of registration credentials.
4. Information directed to the conclusion of the contract
4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, NONSOLOMUSICA informs the user that:
– to conclude the purchase contract for one or more Products on the Site, the user must complete an electronic order form and send it to NONSOLOMUSICA, electronically, following the instructions that appear on the Website from time to time and that will accompany the different phases of the purchase;
– the contract is concluded when the order form reaches the NONSOLOMUSICA server;
– once the order form has been registered and the confirmation of the authorization to pay the total amount due has been received, NONSOLOMUSICA will send the order confirmation to the user, via e-mail to the email address indicated, containing the information relating to the characteristics of the purchased Product, the detailed indication of the price, the means of payment used, information on the right of withdrawal, delivery costs and any additional costs as well as Customer Service contacts, which the user can contact for request assistance and / or lodge complaints. It is recommended to keep the e-mail received as proof of purchase. The General Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the standard withdrawal form pursuant to art. 10 will be attached to the e-mail confirming the shipment of the product purchased.
– the order form will be filed in the NONSOLOMUSICA database for the time necessary to process the order and, in any case, according to the law. To access your order form, you can consult your account.5
5. Validity of offers and prices
5.1 All Product prices are expressed in Euro (€) and are inclusive of Value Added Tax (“VAT”). Any additional costs will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
5.2 The price of the Products can be modified by NONSOLOMUSICA at any time, without notice, provided that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product (Product Sheet) at the time of sending the order. Any changes (up or down) in the price following the transmission of the order will not be considered
5.3 On the Site products can be offered for sale at discounted prices. The full price indicated on the Site (Barrato Price) and with respect to which the discount that NONSOLOMUSICA applies is calculated corresponds to the list price published on the Site.
6. Purchase Orders – Product Information
6.1 NONSOLOMUSICA will proceed with the purchase order, and will therefore ship the purchased Product, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applied, and from any other possible additional cost, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered terminated by law pursuant to and for the purposes of art. 1456 c.c .. Of this resolution and the consequent cancellation of the order, the user will be notified immediately after the transmission of the order, via the Site.
6.2 The Products will remain the property of NONSOLOMUSICA until payment by the user of the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to NONSOLOMUSICA, on the other hand, will be transferred to the user when the user, or a third party designated by him and different from the carrier, will materially take possession of the Products.
6.3 Each Product is accompanied by a Product Card present on the Site. The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or the computers used by the users for their display. Furthermore, the images of the Product on the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
7. Product Availability
7.1 The products offered on the Site are limited in number. It can therefore happen, also due to the possibility that several users buy the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by the law, and, in particular, from Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail. The user will therefore be entitled to immediately terminate the contract, subject to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. In the event that the user makes use of the right of resolution pursuant to art. 61, IV and V paragraph, Consumer Code or in any case where the payment of the Total Sum Due has already occurred, NONSOLOMUSICA, without prejudice to the user’s right to compensation for damages, will reimburse this amount without undue delay and, in any case, within the maximum term of 15 working days from the sending of the order. The refund amount will be communicated to the user via e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delay in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date.
7.3 In the case of orders concerning a plurality of Products (Multiple Orders), if the supervening unavailability concerns only some of the Products covered by the Multiple Order – without prejudice to the rights attributed to the user by the law, and, in particular, from Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of the art. 7.2 above, if the unexpected unavailability concerns all the Products subject to the order â € “NONSOLOMUSICA will immediately notify the user by e-mail. The user will therefore be entitled to immediately terminate the contract, limited to the Product (s) which has become unavailable, subject to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. In the event that the user makes use of the right of resolution pursuant to art. 61, IV and V paragraph, Consumer Code, in relation to the Product (s) which has become unavailable or in any case in which the payment of the Total Amount Due has already occurred, NONSOLOMUSICA, without prejudice to the right of ‘user to pay damages, will reimburse the amount due in relation to this / these Product (s), including delivery costs, if due, and any other additional costs due in relation to these Products (Partial Amount Due ) without undue delay and, in any case, within the maximum term of 15 working days from the sending of the order. The refund amount will be communicated to the user via e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delay in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date. The resolution of the entire Multiple Order will be possible only in the case of evident and proven accessories of the Products covered by the Multiple Order which have become unavailable with respect to the other Products object of the Multiple Order available.
8. Delivery of the purchased Products
8.1 NONSOLOMUSICA delivers the Products both in Italy and abroad. If due, the amount of delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euro and inclusive of VAT) during the purchase process, in the order summary and, in any case , before the user proceeds with the transmission of the same. In the case of omitted indication of a specific delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.
8.3 In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed to the user will be quantified in proportion to the value of the Product subject to withdrawal.
8.4 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user.
It is up to the user to check the conditions of the Product that was delivered to him / her that he / she has collected. Notwithstanding that the risk of loss or damage to the Products, for reasons not attributable to NONSOLOMUSICA, is transferred to the user when the user, or a third party designated by him and different from the carrier, enters into physical possession of the Product, it is recommended to the user to check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and is invited, in its interest, to indicate any anomalies on the carrier’s transport document, accepting the package with reserve. The receipt without reservation of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the event that the loss or damage is due to fraud or gross negligence of the same courier and except for partial loss or damage not recognizable at the time of delivery, as long as in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, it is also recommended that the user promptly notify Customer Service. In any case, the application of the rules concerning the right of withdrawal and the legal guarantee of conformity remains valid.
9. Payment Methods
9.1 The payment of the Products can be made by credit card, through the PayPal payment solution, or by bank transfer. In the event that one of these payment methods / solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Website, at the latest at the beginning of the purchase procedure.
9.2 For the issuance of the invoice, the information provided for this purpose by the user will be used, which he declares and guarantees to be true, obliging himself to keep NONSOLOMUSICAindenne and exempt from any damage, including sanctions issued by the competent authorities, to be able to derive in the case of non-compliance with the truth of the same.
9.3 Payment by credit or debit card
9.3.1 The payment of the Products can be made by credit or debit card directly through the Website.
9.3.2 In order to guarantee the security of payments made on the Site and to prevent possible fraud, NONSOLOMUSICA reserves the right to ask the user, via e-mail, to send, by the same means, a front / back copy of their card of identity and, in the case in which the holder of the order is different from the holder of the card, of the identity card of the latter. The document must be valid. The deadline by which the document must reach NONSOLOMUSICA will be specified in the request e-mail. This term will not, in any case, exceed 5 working days starting from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated time limit.
9.3.3 In the event that NONSOLOMUSICA does not receive these documents within the period specified in the request e-mail or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of Article 1456 of the Civil Code and the order consequently canceled, subject to the right of NONSOLOMUSICAal compensation for any damage in which it may be incurred due to the user’s non-compliant behavior. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the deadline for sending the documents requested by NONSOLOMUSICA, will result in the cancellation of the order, with consequent repayment of the Total amount due.
9.3.4 In the case of receipt by NONSOLOMUSICA documentation valid in the term indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will run from the date of receipt thereof.
9.3.5 The confidential data of the credit card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers of which NONSOLOMUSICA is needed. NONSOLOMUSICA therefore has no access and does not store the data of the credit card used by the user for payment of the Products, except, limited to the data relating to the holder of the card, the case provided for in Articles 9.3.2 and 9.3.3.
9.4 Payment by PayPal payment solution
9.4.1 Payment for Products purchased on the Site can be made through the PayPal payment solution. If the user chooses PayPal as the payment method, he will be redirected to the www.paypal.it site where he will pay the Products according to the procedure provided for and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with NONSOLOMUSICA. The latter is therefore not able to know and does not memorize in any way the data of the credit card connected to the user’s PayPal account or the data of any other payment instrument connected with that account.
9.4.2 In the case of payment by PayPal, the Total Amount Due will be debited by PayPal to the user simultaneously with the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason , the refund amount due to the user will be credited to his PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, NONSOLOMUSICA cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact PayPal directly.
9.5 Bank transfer
9.5.1 In the event of payment by bank transfer, once the order has been completed, the user will have to proceed to payment at the current account in the name of NONSOLOMUSICA.
The user can request the IBAN at which to make the payment by contacting NONSOLOMUSICA by telephone.
Request the data for the transfer by telephone or e-mail to firstname.lastname@example.org
In the case of payment by bank transfer, the delivery time of the Product indicated in the Product Sheet and / or on the Site, will start from the date of receipt of the transfer by NONSOLOMUSICAe not from the date of transmission of the order, as happens in the case where You choose other payment methods.
10. Right of Withdrawal
10.1 The consumer who is a consumer has the right to withdraw from the contract concluded with NONSOLOMUSICA, without having to incur costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period ).
11. Customer service and complaints
11.1 It is possible to request information, send communications, request assistance or make complaints by contacting Customer Service in the following ways:
Tel: +39 0331 1081751 (Office hours)
11.2 NONSOLOMUSICA will respond to complaints submitted within two working days of receiving them.