Terms and conditions of use
Welcome to the www.preludiomusic.com. This agreement contains the general terms and conditions of supply governing and regulating the sale of products by Preludio s.r.l. via the www.preludiomusic.com. In order to be able to use these products, you must carefully read the following general terms and conditions of supply and press the "I ACCEPT" button. If you have typed the "I ACCEPT" button and provided the data requested during the registration process, it means that you agree to what is set out below and you will be able to purchase products supplied by Preludio s.r.l. These general supply conditions are drawn up in compliance with Legislative Decree no. 185 of 22 May 1999 implementing Directive 97/7/EC and shall apply to any contract entered into after 8.5.2001.
In these general terms and conditions of supply the following terms shall have the meaning indicated next to each of them.
Customer or Consumer means the natural or legal person, whose identification data are provided with the Registration Procedure, who requests the Supplier to supply the Products (as defined below), including the Consumer (as defined below).
Contractmeans these general conditions of supply in the text in force from time to time and the individual contract for the supply of Products entered into between the Supplier and the Customer through the Preludiomusic Site (as defined below).
Suppliermeans Preludio s.r.l. with registered office in Milan, Viale Monza no. 169, enrolled in the Milan Register of Companies under no. RI 46678/1999 1577795; VAT number and tax code no. 12700120152.
Registration proceduremeans the registration procedure contained in the Preludiomusic website aimed at collecting the Customer's identification and information data required by the Supplier for the supply of the Products. Once this procedure has been correctly completed, the Customer is provided with an access code (hereinafter "Password") and an identification code (hereinafter "User Name").
Productsmeans the objects and collectibles sold by the Supplier through the Preludiomusic Website as better specified in Article 2 below.
Preludiomusic websitemeans the website created by the Supplier and accessible at the URL http://www.preludiomusic.com/.
2. Object of the contract.
This Contract concerns the general terms and conditions of sale of the Products by the Supplier through the Preludiomusic Site.
3. Prices - Conclusion and execution of the contract.
3.1. Prices of Products and Methods of Payment.
Products are supplied against payment at the prices indicated in the catalogue accessible at URL http://www.preludiomusic.com/p/shop-on-line-7-p.htm. The prices of the Products are expressed in Euros and include VAT.
Delivery costs vary according to the quantity and type of Products ordered and will be highlighted on the Preludiomusic Site at the end of the purchase procedure before the Customer submits the order.
The prices of the Products are valid until 31.12.2007 and may be subject to change after that date. The Customer undertakes to check the current price of the Products before sending any order to the Supplier.
Payment can be made by the Customer by credit card or cash on delivery. The charge to the Customer's credit card is made on the date of shipment of the Products by the Supplier, a date that will be communicated by the Supplier to the Customer by e-mail. The procedure for transferring the amount from the Customer's current account to the Supplier is carried out via a secure connection directly connected to the bank that owns and manages the online payment service, a connection that the Supplier cannot access.
3.2. Conclusion and execution of the contract.
The Customer wishing to purchase Products shall place a specific order by e-mail to the Supplier.
The Supplier shall notify the Customer of its acceptance of the order by means of an e-mail containing; (a) an indication of the serial number assigned to the order and (b) a copy of these general terms and conditions of supply in their current text.
It is understood that each supply contract shall be deemed to be concluded upon receipt by the Customer of the aforementioned notice sent by the Supplier.
The Supplier reserves the right not to accept orders from the Customer if the Registration Procedure has not been duly completed.
4. Delivery methods and times.
Delivery is made directly to the address indicated by the Customer in the order. Delivery is made, at the Customer's choice, by postal service or by express courier. The Supplier undertakes to deliver the Products to the Customer in the shortest possible time compatible with the number of requests for Products received overall and, in any case, within a maximum of 30 (thirty) working days from the date of receipt of the order by the Customer.
The Supplier shall not be liable for disruptions of service due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent the Contract from being executed in whole or in part.
The Supplier assumes no liability, either express or implied, except in cases of fraud or gross negligence, for damages, losses and costs incurred by the Customer as a result of the supply of the Products, the Customer being entitled only to compensation equal to the price paid.
Similarly, the Supplier is not responsible for any fraudulent or illegal use that may be made by third parties of the Customer's credit card data during the online payment of the Products ordered. The Supplier, in fact, at no time during the purchase procedure is able to know the number and data of the Customer's credit card, number and data that, by opening a secure connection, are transmitted directly to the manager of the banking service.
6.1. Quality assurance of the Products.
The Supplier provides quality products for which he offers a guarantee of 12 (twelve) months from the date of receipt of the products.
To this end, the Supplier undertakes to replace the Products purchased, free of charge, with the same or similar ones, if defects are found that significantly reduce their value.
This guarantee does not cover defects and related damages due to negligence in the use or storage of the Products by the Customer, or any circumstances beyond the control of the Supplier.
In order to make use of this guarantee, the Customer must, under penalty of forfeiture, notify the Supplier of the existence of defects, in accordance with the procedures set out below, within 8 (eight) days of discovering the defect.
6.2. Arrangements for asserting the guarantee.
In order to exercise the right to the guarantee for defects, in order to obtain the replacement of the Products purchased, the Customer must send a communication by registered mail with return receipt specifying: (a) the date of the order, (b) the type and quantity of the Products purchased, (c) the date of receipt of the Products and (d) a detailed indication of the defects found.
The Customer shall receive the Products as a replacement accompanied by the fiscal documents required by law, after having returned the defective Products at the Supplier's expense.
Only if the above procedure is carried out correctly will the Supplier replace the Products under warranty.
7. Obligations of the Customer.
Prior to the conclusion of the Contract, the Customer undertakes to print, save on a hard disk and keep these general terms and conditions of supply. The Customer acknowledges and declares that he/she has already read these general terms and conditions of supply before sending the order, also due to the structure of the Preludiomusic Site.
It is expressly forbidden to make double entries corresponding to one person or to enter the data of third parties.
The Customer releases the Supplier from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer with the order or during the Registration Process, the Customer being solely responsible for their correct entry.
8. User Name and Password.
The Customer shall be given a Password and a User Name for the purpose of purchasing the Products, which shall be encrypted by the Preludiomusic website. The parties consider the Password and the User Name as confidential information.
The Customer is obliged to keep the Password and User Name confidential with the utmost diligence. The Supplier accepts no liability for the damaging consequences of misuse, loss or disclosure to third parties of the Customer's password and user name.
The Customer undertakes to immediately notify the Supplier in writing of any theft, loss or mislaying of the Password and User Name and to change them at the same time.
All communications from the Supplier to the Customer shall be made, at the Supplier's sole option, by e-mail, regular mail or by fax to the respective addresses and numbers provided by the Customer during the Registration Procedure.
All communications from the Customer to the Supplier, with the exception of those from the Consumer, shall be made exclusively by e-mail to the following address: firstname.lastname@example.org
Without prejudice to the provisions of paragraphs 6.2. and 10.2., all communications from the Consumer to the Supplier, including those containing any complaints, may be sent by ordinary mail to the following postal address: Preludio s.r.l., Ufficio Vendite Preludiomusic, Viale Monza n. 169, 20125 - MILAN, or, at the Consumer's choice, by e-mail to the following address: email@example.com.
10. Conditions and modalities for the exercise of the right of withdrawal for the Consumer.
10.1. Conditions for exercising the right of withdrawal
The Consumer has the right to withdraw from the Contract stipulated with the Supplier, without any penalty and without any obligation to specify the reason, within the term of 10 (ten) working days starting from the date of receipt of the Products.
Following the exercise of the right of withdrawal: (i) the Consumer shall return to the Supplier, within 10 (ten) working days from the date in which the right of withdrawal was exercised, at his own care and expense, the Products purchased and (ii) the Supplier shall reimburse the Consumer the purchase price that may have been paid, in the shortest time possible and in any event within 30 (thirty) working days from the date in which it became aware of the exercise of the right of withdrawal by the Consumer.
The only costs borne by the Consumer in the event of the exercise of the right of withdrawal are the costs of returning the Products to the Supplier.
Products returned as above must be received in the same condition as received, with their original packaging and any certificates, without any deficiencies; Products may not be returned by any other means.
10.2. How to exercise the right of withdrawal.
The right of withdrawal is exercised by the Consumer by sending the Supplier, within the term indicated above, a specific written communication by registered letter with acknowledgement of receipt.
The notice may also be sent, within the same period, by telegram, telex and fax, provided that it is confirmed by registered letter with acknowledgement of receipt within the following 48 hours.
In the event that (a) the right of withdrawal is not exercised according to the mandatory procedures set forth in this article 10, or, (b) the Products are returned by the Consumer to the Supplier without any communication, or, (c) the Products are not returned to the Supplier within the term set forth in paragraph 10.1. above; the Purchase Agreement shall remain valid and effective and the Supplier shall be entitled to retain the price paid and to return the Products eventually returned to the Consumer, at the expense of the Consumer.
11. Miscellaneous provisions.
11.1. Amendments and additions.
The Supplier reserves the right to amend, in whole or in part, and to supplement these general terms and conditions of supply at any time without any obligation to notify the Customer in advance. These general terms and conditions of supply are date-stamped with the latest version updated and applied by the Supplier up to that moment. Each time the text of these general supply conditions is amended and/or supplemented, a new date will be affixed. The Customer undertakes to periodically check for any amendments and additions as well as the change of date before sending any order for Products to the Supplier.
Any clauses modifying and/or conflicting with these general terms and conditions of supply that may be included in the order and/or in any other document or communication sent by the Customer shall only apply if they have been approved in writing by the Supplier.
11.2. Invalid clauses.
If one or more provisions of the Contract are or become invalid or unenforceable, they shall be deemed not to have been made and shall not affect the validity of the other provisions; similarly, the invalidity or unenforceability of one or more provisions of the Contract shall not render the Contract invalid or unenforceable.
12. Applicable law and jurisdiction.
12.1. Applicable law.
This contract shall be governed by and construed in accordance with the laws of Italy.
12.2 Place of jurisdiction.
For every dispute deriving from the interpretation and/or execution of the present Contract, the Court of Milan (Italy) shall have exclusive jurisdiction, with the exception of those disputes that may arise with the Consumer that shall be the competence of the judge of the place of residence or domicile of the Consumer. However, in the event that the place of residence or domicile of the Consumer is located outside of the territory of the European Union, for the above mentioned disputes, the Court of Milan (Italy) shall have exclusive jurisdiction.