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.
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
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
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
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.
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 email@example.com
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.
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: firstname.lastname@example.org
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