Premise - Effectiveness of the General Conditions - Modifications

1.- The Sales Conditions presented here (hereafter referred to as the General Conditions) govern the long-distance purchase and sales of products and services made available over the Internet through the website www.concertoclassics.it (hereafter referred to as the Website)
2.- For the most part, the products available through the Website are compact discs and DVDs and the services available are those correlated with the sales of those products. All products and services are fully documented and listed on the Website in the sections: 'What's New' and in 'Catalogue'.
3.- Musicmedia S.r.l. (hereafter, "Musicmedia") is the sole owner of the Website, legal address: Largo Isabella d'Aragona n.1, 20136, Milan, P.I. 12111090150, and is listed in the official Registro Imprese di Milano, no. MI-1997-14199 REA n.
4.- All purchases of products or services made on the Website (hereafter referred to as the Sales Contract) by users of the Website (hereafter referred to as the 'Clients') are subject to what is set forth in the General Conditions as well as other provisions and instructions found on the Website. In the case of conflicting information between that presented in said provisions and operating instructions with what is set forth in these General Conditions, the later takes precedence.
5.-Exceptions to any and all transactions and/or payment conditions granted to the Client will be valid only if Musicmedia has accepted and confirmed the exception in writing.
6.- The provisions of the General Conditions set forth here apply to all Clients except for those provisions that are expressly identified as regarding 'Consumer-Clients' only. 'Consumer-Clients' are persons who purchase products or services from the Website for purposes other than those related to business or professional activities; to the effect of the General Conditions presented here, it is assumed that the Client who places an order for products or services including their IVA number in the Website's Client database is not a 'Consumer-Client'. Moreover, sales contracts stipulated by Consumer-Clients will also be subject to articles 50 to 63 of D. Lgs. n. 206/2005.
7.- Musicmedia asks Clients to read the General Conditions carefully every time before placing their order and to print out and save a copy of the transaction, or to save an electronic copy.
8.- At any time and without warning, Musicmedia has the right to change, or modify the contents of the General Conditions as presented here. Any changes made will take effect as of the date they are published on the Website. The date is declared in the title of the General Conditions themselves.

Purchasing procedures


9.- The Client may purchase any products, as described in the relative product information sheet found on the Website, and present in the electronic catalogue, respecting the technical access procedures demonstrated therein. The publication of products and services presented on the Website constitutes an invitation to the Client to formulate a proposal for a purchase contract. The order sent by the Client constitutes a contract proposal and implies the complete knowledge and complete acceptance of these General Conditions.
10.- All Client proposals that have been correctly received will be confirmed by an automatically generated email message sent to the electronic email address indicated by the Client. This confirmation is an automated system response that only confirms that the Client's order has been received by the information system correctly. It contains an order summary and a "Client Order Number" which must be included in all successive communication with Musicmedia. This message also contains information required by law as well as all of the data supplied by the Client. It is the Client's responsibility to check that the information is correct and, if necessary, correct any errors as quickly as possible.
11.- All orders can be viewed by the Client in his own personal account area on the Website, even immediately after having sent an order. Right up until the moment Musicmedia has filled the order (Musicmedia communicates order status information by adjourning the information contained in the Client's personal account area), the Client can change, modify or cancel his order by using the access and modification functions provided in the aforementioned Client area.
12.- The Sales Contract stipulated between Musicmedia and the Client is to be considered arranged when Musicmedia has accepted the order. Musicmedia may chose to accept or not accept the Client's order; in the case that the order is not accepted, the Client has no right of any kind for any reason to any type of retribution. The order is to be considered accepted unless the Client has been notified through a message sent via e-mail by Musicmedia to the e-mail address indicated by the Client within 48 hours after the order was sent.
13.- In sending the order, through the various ways prescribed in the Website's operating instructions, the Client declares he is aware of all of the provisions communicated to him in the buying procedure and fully accepts the General Conditions and payment conditions as described below.

Prices - Shipping Costs - Product Availability

14.- All product prices are clearly indicated on the Website and are inclusive of IVA alone. They do not include any other or different taxes, tolls, duties or customs duties that may be stipulated by laws governing importation of goods. When and where necessary it is the Client's responsibility to clear goods through customs and pay any taxes (other than IVA) and duties owed to the country of importation.
15.- Any products presented on the Website in areas other than those specifically designated for product sales or if the icon "add to your cart" does not appear, it is to be understood that that product is not available for sale through the Website.
16.- Prices and availability of products shown on the Website are subject to modification at any time without warning, however, where and limited to orders that are in the process of being accepted or have already been accepted by Musicmedia, sales conditions in act at the time the order was placed by the Client will prevail.
17.- The Website highlights those products available for shipping. This availability information is not updated in real time; moreover given that many Clients could access the Website contemporaneously throughout the day, the true availability of a given product could vary from the information reported on the Website notably. Musicmedia takes no responsibility for, nor does it guarantee the certainty that an order for products purchased and indicated on the website as available will be filled immediately and consequently is in no way responsible for any delays in delivery.
18.- Should the delivery time of a product purchased through the Website be longer than that indicated on the Website before the order was placed at the time the order was placed?, Musicmedia will inform the Client promptly through an email message sent to the Client at the email address the Client supplied. Right up to the moment when Musicmedia ships the order, communicated to the Client by the updating information in the Client's personal account area on the Website, the Client can cancel or modify the order at anytime, by and only by following the specific procedures and using the technical functions provided in the Client's personal account area.
19.- The cost of each shipment, which can vary depending on the type of shipping and payment requested, as well as the country to which the order is to be shipped to, as well as the total value of the order, is added to the total cost of each sales contract and is clearly communicated to the client before the Sales Contract is settled. The cost of shipping will also be clearly indicated in the Client's personal account area on the Website until the order has been filled.
20.- The visual representation of the products on the Website, where available, normally consists of a photographic image of the product itself and has the sole aim of presenting the product for sales without any guarantee or promise by Musicmedia that the image shown on the Website will correlate with the real product exactly, with particular regard to the real dimensions and or appearance of the colors of the cover and the packaging.

Payment

21.- Payment for Sales Contracts stipulated through the Website can be made by credit card or bank transfer in advance.

Payments made by credit card

22.- When the Client buys products paying for them by credit card, the issuing Bank will verify the validity of the credit card immediately, but the total amount of the Sales Contract will be debited only when the products themselves are shipped. In the hypothesis of this modality of payment, the Client will have (a) the possibility of canceling the order (exclusively through the use of the procedures and technical functions provided in the Client's personal account area on the Website) without any reimbursement needing to take place, or (b) the possibility of adding new products to the order (again respecting the same procedures indicated above) increasing the total amount due to Musicmedia without having to communicate his credit card data again.
23.- The information regarding the buyer's credit card will be transmitted by a safe Internet connection directly from the Website to the Banking institution that handles the transaction.
24.- Musicmedia reserves the right to ask the Client at any time for supporting information (such as a permanent telephone number) or to furnish documents proving the proprietorship of the credit card used to finalize the Sales Contract. Should the Client fail send any of the information requested or to supply the additional information, Musicmedia reserves the right to refuse the order or withdraw from the stipulated Sales Contract giving due communication to the Client at the email address indicated by the Client.

Payments made by bank transfer

25.- When the Client buys products paying for them by bank transfer in advance, the order will be processed by Musicmedia only when the actual crediting of the amount due on the account.
The purpose of the bank transfer must necessarily bear the order number and the name of who placed the order.

Shipping and Documentation

26.- All shipments of products will be at Musicmedia's risk; the risk is transferred to the Client when the shipment is delivered to the Client by the shipper, delivery man or other duly charged agent chosen by Musicmedia for shipping.
27.- Through the Website, Musicmedia can receive purchase orders requiring delivery throughout Italy. The shipping costs will be calculated automatically by the Website; the Client may see and examine these costs before the order is sent. They will vary depending on the type of payment method chosen and any sales promotions ongoing at the time of purchase.
28.- In no way and for no reason can the Client claim that Musicmedia is responsible for delays in filling the order or in delivering the products contained in the Sales Contract.
29.- For all Sales Contracts concluded through the Website, Musicmedia will emit an invoice for the products to be sent. Musicmedia will send the invoice to the email address of the Client to whom the invoice is made out as required by article 14 D.P.R. 445/2000 and DL 52/2004. The information supplied by the Client at the time the order is placed will be that used in the creation of the invoice. No changes in the invoice will be possible after the invoice has been emitted. Nor is it possible to emit an invoice to Clients who did not supply their IVA number at the time of ordering after the order has been filled.
30.- Unless Musicmedia Client Services has communicated otherwise to the Client, all product deliveries are understood to be at street level. At the time the products are delivered by the shipper Musicmedia has selected, the Client is responsible for (a) checking that the number of packages delivered corresponds with that indicated in the shipping documents and (b) that the packaging is whole and shows no signs of damage or tampering in any way, including materials used to seal the package.
31.- The Client must declare any damage to the packaging and or to the products, or if the number of packages or provisions do not correspond immediately by including the phrase "ACCEPTED WITH RESERVATIONS" on the receipt provided by the shipper. Moreover, the Client will inform Musicmedia as soon as possible and in all cases no more than eight (8) days after the delivery was made by sending Musicmedia a message to customerservice@concertoclassics.it documenting all and any problems regarding the physical integrity, coherence or completeness of the products received.
32.- In order to deliver the products ordered, the Client or a person delegated by him shall always be present at the place the Client has designated for delivery on the day of the expected delivery. If the Client (or his designated receiver) is not present, the shipper will leave a notice of a second delivery date for the next working day and a telephone number to call if a different delivery date must be agreed upon. If the second attempt at delivery should not be successful, the order is considered annulled and the products will be returned to Musicmedia warehouses. Should this happen as long as payment was made by credit card, Musicmedia will reimburse the Client only the value of the products not delivered within five days of the products' restitution to the warehouse and the relative Sales Contract will be considered automatically and definitively void and any further, reciprocal claims for any reason will be excluded.
33.- In case of events beyond control, unavailability of means of transport as well as unpredictable or inevitable events that cause delivery delays, make delivery particularly difficult or impossible, or cause a major increase in shipping costs to Musicmedia, grant Musicmedia the right to divide, postpone or cancel all or part of the planned delivery or to dissolve the Sales Contract. In this case, Musicmedia will inform the Client of its intentions in a timely and adequate fashion by sending a message via email to the address indicated by the Client; the Client will have the right to a refund of the price already paid, if any. Any additional claims against Musicmedia for any reason are null and void.

Returns

34.- Consumer-Clients have the right to withdraw from a Sales Contract for any reason without any explanation required within ten (10) of having received the products.
35.- In order to exercise his right to return products, the Consumer-Client must communicate in writing , within the aforementioned time frame, with Musicmedia either via registered letter with return receipt to the offices of Musicmedia (see article 3) or via an email message.
36.- Returns are the responsibility of the Client; the products to be returned must be sent via the courier of the Client's choice. The products must be sent to the address indicated in the invoice within and not longer than 30 days from the date of delivery.
37.-In order to vindicate his right to return products, the Consumer-Client must respect the following conditions and procedures:
a) the right to return can be applied even to a single product in a Sales Contract provided that the product returned is whole and that means the Consumer-Client cannot return part of a single product purchased (such as one compact disc from a packaged collection);
b) the products of a Sales Contract for which the Consumer-Client wants to exercise his return rights must be whole and returned in the original packaging complete in all its parts (including the packing materials used in shipping and any product documentation); in particular, being audiovisual products the package seals and SIAE seals must not be broken or removed;
c) in respecting the instructions supplied by Musicmedia, it is the obligation and responsibility of the Consumer-Client to provide for the shipping and return of products to Musicmedia at his expense;
d) should a returned product be damaged during shipping, Musicmedia is responsible only for communicating the event to the Consumer-Client in order to allow him to make a timely claim against the courier he chose (and/or insurance company);
38.- Musicmedia is not responsible in any way for damage, theft or loss of products being returned; all said risks are the sole responsibility of the Consumer-Client.
39.- Once the integrity of the returned product(s) has been verified, Musicmedia will reimburse the Consumer-Client only for the amount paid for the product(s) as shown in the Sales Contract within and not over 30 days from the restitution of said products. The reimbursement will take place through the transfer of funds for the amount of the products charged to the Credit Card indicated by the Consumer-Client or by Bank transfer according to the instructions and Bank transfer details provided by the Consumer-Client.
40.- Should the conditions and terms for exercising the right to return products as stipulated in paragraph 34 and foll. - above or if products are damaged for reasons other than shipping the Sales Contract will be considered valid and effective and Musicmedia will return the unrightfully returned products to the Consumer-Client charging him the corresponding shipping costs.

Communications and Returns

41.- All correspondence and any eventual claims of the Client against Musicmedia relative to the Sales Contract must be addressed to Client Services responsible for the management of the Website using the email address: customerservice@concertoclassics.it

Intellectual Property Rights

42.- All logos, trademarks (registered or not) as well as any and all works of intelligence, distinctive signs or names, images, photographs, written texts or graphics and more generally any other nonmaterial goods protected by laws and international conventions governing intellectual property and industrial property reproduced on the Website are the exclusive property of Musicmedia without which the Client any right over them derived from accessing the Website and/or stipulating Sales Contracts. Any use, even only in part, is prohibited without prior written authorization by Musicmedia that holds all relative rights exclusively.

Applicability of the Law - Competent Forum

43.- The Sales Contract between the Client and Musicmedia is understood to be contracted in Italy and is subject to Italian Law.
44.- All disputes will be subject to the exclusive jurisdiction of the Tribune of Milan, with the exception of disputes with Consumer-Clients which will be subject to the jurisdiction of the local Court where the Client-Consumer is resident or domiciled.

Privacy - Handling Personal Data

45.- Regarding the handling of personal data by Musicmedia, please consult the appropriate area on the Website found at the following address: www.concertoclassics.it