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GENERAL TERMS AND CONDITIONS OF SALE
1. Introduction: Who is Music Store Srl
1.1 Music Store Srl is a company based in San Marino, Via 3 Settembre, 17 - 47790 - Dogana RSM
1.2 The Musicstore.sm site is managed by Music Store Srl
1.3 These general conditions of sale (hereinafter only "General Conditions") govern the sale of products marketed by www.musicstore.sm. All contracts for the purchase of products concluded, through the website www.musicstore.sm and according to the procedures indicated therein, between the seller and the customer, will be governed by these General Conditions.
2. Acceptance of the general conditions of sale
2.1 The contract stipulated between Music Store Srl and the Customer must be considered concluded with the acceptance, even if only partial, of the order by Music Store Srl which reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated to the Customer in any manner. By placing an order in the various ways provided, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the general and payment conditions transcribed below.
2.2 If the Customer is a final consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity), once the online purchase procedure has been completed, he will print or save an electronic copy and, in any case, keep the these general conditions of sale, in compliance with the provisions of art. 7 of Legislative Decree n. 206/2005 on distance selling.
2.3 Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an order.
3. How to purchase
3.1 The Customer can only purchase the products present in the electronic catalog of www.musicstore.sm at the time of placing the order and viewable at the address (URL) https://www.musicstore.sm, as described in the relative sheets informative.
The technical information included in the website www.musicstore.sm faithfully reproduce those of the manufacturers of the goods included in the catalog. Music Store Srl, therefore, reserves the right to modify / adapt the technical information of the products to adapt them to those provided by the producers, without the need for any prior notice.
It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics, and may differ in color, size, accessory products shown in the figure. All purchase support information is intended as a simple generic information material, not referable to the real characteristics of each individual product.
3.2 The correct receipt of the order is confirmed by Music Store Srl through an automatic e-mail reply, sent to the e-mail address supplied by the Customer during the order procedure. This confirmation message will contain the date and time of execution of the order and an 'Order Number', to be used in any further communication with Music Store Srl
The message re-proposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document. The customer can also check the status of his order by accessing the web area dedicated to him. To access the dedicated area, you will need to Log-In from the site and then choose "My orders".
3.3 In case of non-acceptance of the order, Music Store Srl undertakes to promptly notify the Customer, in the same way.
3.4 All prices on the site are to be understood as retail prices and, therefore, inclusive of single-phase San Marino. Music Store Srl reserves the right to change prices at any time, without prior notice. Price changes will not cause customer claims for compensation.
3.5 On certain products, subject to price promotions, Music Store Srl reserves the right to accept orders by reducing their quantities, subject to communication and acceptance by the Customer, failing which the order will be considered canceled.
4. Methods of payment
4.1 Advance Bank Transfer: In case of payment by Advance Bank Transfer, the customer's orders are kept busy for 5 working days. If the customer does not send a copy of the bank transfer within 5 days, the order is automatically considered canceled.
The purpose of the bank transfer must include the order number (Order No.) which is issued in the order confirmation email and the SURNAME of the sender.
Transfers from customers: Music Store Srl - BANK: CASSA DI RISPARMIO DELLA REPUBBLICA DI SAN MARINO CUSTOMS AGENCY - IBAN: SM 31 Y 06067 09803 000030121682 - SWIFT: CSSMSMSM
4.2 Credit Card: In cases of purchase of goods with a credit card payment method, the credit card will be charged at the same time as the online transaction is concluded.
In case of cancellation of the order, both by the Customer and in case of rejection of the same by Music Store Srl, the same will simultaneously request the cancellation of the transaction and the release of the committed amount. Cancellation is possible until the time of delivery of the goods to the courier. The release times, for some types of cards, depend exclusively on the banking system and can reach their natural expiry date (24 days from the date of authorization). Once the cancellation of the transaction has been requested, in no case Music Store Srl can be held responsible for any direct or indirect damages caused by delay in the failure to release the amount committed by the banking system.
Music Store Srl reserves the right to request additional information from the customer (eg landline phone number) or to send copies of documents proving ownership of the card used. In the absence of the required documentation, Music Store Srl reserves the right not to accept the order.
At no time during the purchase procedure is Music Store Srl able to know the information relating to the buyer's credit card, transmitted via a secure connection directly to the website of the bank that manages the transaction. No computer archive of Music Store Srl contains or retains such data. In no case Music Store Srl can therefore be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of products purchased on www.musicstore.sm
4.3 PayPal: in cases of purchase of goods with PayPal payment methods, at the same time as the online transaction is concluded, PayPal will immediately charge the amount relating to the purchase made.
4.4 Cash on delivery: Cash on delivery can only be paid by cash. Cash on delivery is available only for amounts up to € 100.00. The courier accepts only exact amounts, corresponding to the amount of the order (the rest is not returned). By choosing cash on delivery, a contribution of 3% of the total is required with a minimum of € 5.00
5. Method of Withdrawal
5.1 Music Store Srl can only accept orders with collection made in the name and on behalf of the customer in the territory of the Italian and San Marino state. It is possible to choose only the collection by courier, there is no collection on site.
5.2 Collection by Courier: Collection by courier takes place in the name and on behalf of the end customer. For every order placed on www.musicstore.sm, Music Store Srl issues regular DDT for the material sold. For the issue of the document itself, the information provided by the Customer at the time of the order is valid. The costs for collecting the goods are charged to the customer and are explicitly highlighted at the time of placing the order. The payment of the goods by the Customer will be made using the method chosen when placing the order. No additional costs or commission are due to Music Store Srl. Delivery, unless otherwise agreed in writing between the parties, will take place at the following times: from 7.30 to 12.30; from 2.30 pm to 5.30 pm, every day, except holidays, from Monday to Friday.
5.3 Upon collection of the goods, the Customer is required to check:
- that the number of packages delivered corresponds to what is indicated on the delivery note;
- that the packaging is intact, not damaged, nor wet or, in any case, altered, even in the closing materials (adhesive tape or metal straps). Any damage to the packaging and / or the product or the mismatch in the number of packages or indications, must be immediately contested, affixing WRITTEN CONTROL RESERVE (SPECIFYING THE REASON FOR THE RESERVE, eg. "Laundry package", "crushed packaging" , etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer will not be able to make any objection about the external characteristics of what has been delivered.
Even if the packaging is intact, it is advisable to add the words "withdrawal with reserve", and the goods must also be checked within 47 hours of receipt.
Any hidden anomalies must be reported in writing by registered mail. Any report beyond the aforementioned terms will not be taken into consideration.
If the wording "withdrawal with reserve" has not been affixed, it will not be possible to activate the refund procedures.
Once the courier's document has been signed, the Customer will not be able to make any objection about the external characteristics of what was delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 6 days of delivery, according to the procedures set out in this document.
6. Right of withdrawal
6.1 If the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form), he has the right to withdraw from the contract of purchase for any reason, without the need to provide explanations and without any penalty.
6.2 To exercise this right, the customer must follow the procedure required by law. The consumer has the right, within 10 days of receipt of the goods, to exercise the right of withdrawal.
6.3 The right of withdrawal is however subject to the following mandatory conditions:
- the law applies to the product purchased in its entirety.
- the law does not apply: to products made to measure or clearly personalized.
- the purchased good must be intact and returned in the original packaging complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc ...); to limit damage to the original packaging, we recommend, when possible, to put it in a second box; in all cases, the affixing of labels or adhesive tapes directly on the original product packaging should be avoided;
- the shipping costs for the return of the goods are charged to the customer;
- the shipment, until the certificate of receipt in our warehouse is under the complete responsibility of the customer;
- in case of damage to the goods during transport, Music Store Srl will notify the customer of the incident (within 5 working days from receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier chosen by him and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
- Music Store Srl is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments;
- upon its arrival in the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the package and / or the original packaging are damaged, Music Store Srl will deduct from the refund due a percentage, in any case not exceeding 10% of the same, as a contribution to the restoration costs.
6.4 The right of withdrawal is totally lost, for lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases where Music Store Srl ascertains:
- the lack of the external packaging and / or the original internal packaging;
- the absence of integral elements of the product (accessories, manuals, parts, ...) or anomalies in the product itself;
- damage to the product for reasons other than its transport.
In case of forfeiture of the right of withdrawal, the goods will remain at the headquarters of Music Store Srl, available to the customer for collection at his expense.
7.1 The personal data requested when placing the order are collected by Music Store Srl and processed on computer media, in order to satisfy the obligations arising from the contract concluded with the Customer and will in no case or for any reason be transferred to third parties.
7.2 Music Store srl guarantees its customers compliance with the legislation on the processing of personal data.
7.3 The data controller is Music Store Srl Via 3 settembre 17, Dogana - Rep. San Marino in the person who from time to time has the legal representation, unless a manager is appointed. The customer, at any time, has the right to withdraw consent to the processing of personal data with written communication to be sent to the registered office of Music Store Srl
8.1 Any complaint must be sent to Music Store srl via the "Contact" form or to firstname.lastname@example.org after which the customer will be contacted as soon as possible in order to resolve the problem.
9. Jurisdiction and applicable law
9.1 The sales contract between the Customer and Music Store Srl is concluded in San Marino and governed by San Marino law. For the solution of civil and criminal disputes arising from the conclusion of this distance sales contract, the territorial jurisdiction is exclusively that of the Court of the Republic of San Marino.
10. Changes to the Conditions
10.1 The conditions contained in this document may be modified by Music Store Srl without prior notice and will be valid from the date of publication on the website www.musicstore.sm.
PROVIDER: Music Store Srl