Terms and conditions
GENERAL INFORMATIONS
These General Conditions of Sale concern the purchase of products carried out remotely via electronic network on the website www.musitec.net belonging to our company Smarttek Srls, based in Contrada Calice SNC in Canicattì (AG) - VAT number: 03086740846. Each purchase transaction will be governed by the legal provisions in force according to the Italian civil code, as well as the information aimed at the conclusion of the contract and the protection of confidentiality.
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The sales contracts for the products on our website are considered concluded when the purchase order placed by the customer is received and the latter accepts it. Our website will promptly send the customer a receipt of the purchase order. By sending their purchase order electronically, the customer declares that they have read and accepted these general contract conditions and undertakes to observe and respect them in their relationships with our company.
TREATMENT OF PERSONAL DATA
Pursuant to art. 13 of Legislative Decree 196/2003 we inform you that the personal and fiscal data acquired even verbally in reference to established commercial relationships, provided directly by the interested parties, or otherwise acquired within the scope of the company's activity, will be processed in compliance with the legislation recalled, including the confidentiality obligations established by them in relation to the aforementioned, the rights referred to in Article 7 of the Legislative Decree may be exercised. 196/2003.
OBLIGATIONS OF THE CUSTOMER
The Customer is required, before submitting his purchase order, to carefully read these general conditions of sale. The forwarding of the purchase order implies their full knowledge and acceptance. Finally, once the online purchase procedure has been completed, the Customer is required to print and keep these general conditions of sale, already viewed and accepted during the conclusion phase of the contract
DEFINITION OF THE ORDER
By sending the online order, the Customer sends our company a purchase proposal for the product and/or products included in the cart. When the Customer places an online order for the products he has placed in the cart, he agrees to purchase them at the price and terms indicated in these General Terms and Conditions of Sale.
Our website will communicate to the Customer the acceptance and confirmation of the order.
METHOD OF PURCHASE
The customer purchases the product, the characteristics of which are illustrated online in the relevant descriptive and technical data sheets, at the price indicated therein to which the delivery costs specified on the site are added. Before submitting the purchase order, the unit cost of each selected product, the overall cost in the case of purchasing multiple products and the related delivery costs are summarized. Once the purchase order has been submitted, the customer will receive an email from our website confirming receipt of the purchase order and containing information relating to the main characteristics of the purchased good, a detailed indication of the price, of delivery costs, applicable taxes and means of payment and containing a reference to the general contract conditions and information regarding the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site. We undertake to respect the deadlines indicated on our website and/or communicated via email, however, they must be considered indicative and, therefore, may change without notice. In the case of an order for products not available in stock, the validity period of the order can be extended up to a maximum of one year from the payment date of the order, after which the order will be closed and refunded in full.
PAYMENT
Bank transfer, a secure method now widely used, thanks also to the possibility of making the payment directly online and in many cases without charges. The order will be processed only after receipt of payment (it takes 0 to 1 day from execution). For urgent orders we recommend making an instant bank transfer. The details for making the payment will be provided during the purchase process and at the end of the purchase process in the order summary email.
DELIVERY OF PRODUCTS
Packages are shipped at our choice via UPS, FedEx, etc. Shipping costs also include handling and packaging costs.
Shipping costs are free for orders of an amount equal to or greater than €29. For orders of less than €29, shipping costs amount to €5.
We advise you to group your items in a single order. It is not possible for us to group two distinct orders placed separately, therefore shipping costs will be charged for each of them.
For countries outside the EU we take care of the customs declaration, so you will not have to pay any customs taxes.
Special attention is paid to fragile objects. The boxes are adequately large in size and your items will be well protected.
For any problem encountered, collect the package by placing "WRITTEN RESERVE" describing the reason directly on the courier's delivery document (Example: accepted with reservation for open package, sealed package, sealed with another tape not attributable to our company, missing package, for crushed necks, broken necks or torn cardboard, etc.).
We remind you that if you sign without contesting any obvious damage or obvious inconsistencies, you relieve the courier of any responsibility for damage that occurs during transport.
The purchased good, together with the related invoice, receipt or tax discount, is delivered by courier to the address specified by the Customer when ordering online. If you lose the sales document, you can request a copy in PDF format from customer service via e-mail.
Any specific needs or paid accessory services must be requested by the customer from our company before placing an order with the relevant payment.
In the event of non-delivery due to the absence of the recipient, at the address indicated in the order, the courier will leave a notice and try again a second time; if the recipient is still absent, the goods will be returned to the sender.
ORDER CANCELLATION
Purchase orders are immediately binding and binding for the buyer and can be canceled unless accepted by customer service, by contacting customer service via written communication to be sent by e-mail. For orders already processed, the customer must exercise the right of withdrawal.
Attention: It is not enough to send a simple communication to consider the order null, but you must receive a written confirmation by email from our customer service.
It is possible to check the shipment status online by accessing the site with your e-mail address and password in the "My Account" section of the "Orders" section.
GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
We extend the warranty right for new products up to 3 years after receipt of the goods.
Below is the Italian legislation on the right to guarantee.
All products sold are covered by the guarantee of conformity referred to in Articles 128 and following of Legislative Decree No. 206/2005 (Consumer Code) Therefore for any lack of conformity that occurs within 2 years of delivery of the product marked as NEW. The term is 2 years for products marked as EX-DEMO and 12 months for products marked as USED.
The consumer loses the warranty if he fails to report the defect to the seller within two months of discovery. The defect concerns the lack of conformity of the purchased product and refers to the integrity and functionality of the same, given the conditions described on the site (for example, "new", "ex-demo" or "used"). This discipline is applicable with exclusive reference to buyers who qualify as "consumers" pursuant to art. 3 of the aforementioned Legislative Decree (natural persons who purchase for purposes unrelated to their professional or business activity)
For used products, the validity of the guarantee is reduced to one year from delivery, unless otherwise specified. For buyers not attributable to the consumer category, who usually purchase with a VAT number, the legal guarantees referred to in articles 1490 and following of the Italian Civil Code will apply. (one year under legal conditions).
WARRANTY CONDITIONS
- the product warranty covers labor costs and the replacement of all factory defective parts, excluding speakers, valves, lacquering of wind instruments, RAM, ROM, all parts subject to wear (strings, batteries, lamps ...) and damage caused by improper use of the instrument,
- any interventions carried out by unauthorized Service Centers, as well as the alteration of the original plates or the cancellation of the serial number (even partial), will automatically invalidate any warranty right,
- the appliance in need of assistance must always be delivered or sent carriage free together with a copy of the Warranty Validation Request and the receipt,
- We are not liable for damage caused to the product during transport, the buyer must make sure that the packaging is adequate and able to protect the product from breakage and shocks resulting from the transport itself,
- the warranty does not cover damage deriving from: carelessness and negligence, incorrect and improper use of the product, any damage resulting from the use of the product with power supply voltages other than that indicated, any damage deriving from modifications made to the appliance both on electrical parts and aesthetic parts,
- we decline all responsibility for any damage that may, directly or indirectly, derive to people, things or animals as a result of failure to observe the prescriptions indicated in the appropriate operating booklet and concerning the warnings regarding INSTALLATION, USE AND MAINTENANCE OF THE APPLIANCE ,
- the use of the appliance outside the normal safety conditions frees us from any civil and criminal liability,
- any damage caused by lightning, fire, force majeure of any kind excludes any liability on our part,
- We are not liable for damage resulting from and consequent to the failure of the appliance, thus excluding any compensation in favor of the buyer.
- any technical or aesthetic changes, any improvements to the product, which may be implemented over time, do not oblige us to modify the appliances already produced previously.
RIGHT OF WITHDRAWAL
We extend the right of withdrawal for all products up to 30 days from receipt of the goods.
EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal, you are required to send the products to the same shipping address shown on the package received.
The refund will be made only after receiving the package/packages containing the items subject to withdrawal.
To allow better management of the case, please insert a reminder inside the package showing the order number, the item code and the payment method for the refund, if different from the one used for the payment .
It is specified that in the case of prize operations, in which the purchase of a good is combined with another good that is sold at a negligible price or even given as a gift, the right of withdrawal will be legitimately exercised with the return of both goods being purchased, given the constraint of the accessory nature of the promoted good compared to the first.
EXCLUSIONS OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is excluded for:
a) the supply of clearly personalized or tailor-made goods,
b) the supply of digital content on non-tangible support,
c) items that cannot be returned for hygienic reasons.
EFFECTS OF WITHDRAWAL AND REFUND TERMS
If you withdraw from this contract, you will be refunded all payments you have made to us (with the exception of outward and return shipping costs, storage costs with the courier and additional costs due to shipping), without undue delay. These refunds will be made using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise. The refund may be suspended until the goods are received.
RETURN OF GOODS
If at the time of the withdrawal declaration you have already received the purchased goods, you must send them back, without undue delay and in any case within 30 days starting from the day on which the products were delivered to your shipping address. The deadline is met if you send back the goods before the 30 day period has expired.
In any case, it will be necessary to insert the original packaging containing the goods in special packaging,in such a way as to safeguard the original packaging of the products from any damage, writing or alteration. We reserve the right to refuse the goods received in the event of failure to comply with the procedure indicated above.
In addition to the above, we hereby reserve the right not to accept shipments of components or products that:
- do not contain original packaging, accessories or manuals;
- have not been carried out in compliance with the provisions on the right of withdrawal provided for by the Consumer Code.
The refund to the customer will be made within 14 days of the return being shipped.
EXPRESS TERMINATION CLAUSE
In the event of total or partial non-payment of the purchase price of the goods, we reserve the right to declare pursuant to and for the purposes of art. 1456 of the civil code terminated this contract by sending a written communication to the customer's electronic addres.
COMPLAINTS
In case of any complaints the customer must send a written message to our email address.
We will consider the complaint within 3 days of receipt and send a response to the customer by email.
APPLICABLE LAW AND JURISDICTION
All disputes arising from this contract will be devolved to a conciliation attempt at the Mediation Body of the Agrigento Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of Agrigento.
REFERENCE
This contract is regulated by the Italian law.
Although not expressly provided for here, the laws applicable to the relationships and cases provided for in this contract are valid.