GENERAL TERMS OF SERVICE OF THE WEBSITE WWW.REDSOFARECORDS.COM
VERSION 1.0 – SEPTEMBER 2017
– Mr. Stefano Marcucci, VAT 03540470543, Via Mario Angeloni, 74/G – 06124 Perugia – Italy, tel 075 501132, fax 075 5001132, email firstname.lastname@example.org, PEC email@example.com ;
(hereinafter referred to as “PROVIDER“)
– the User, at least 18 years of age, requesting the provision of services and products from the PROVIDER as offered on the www.redsofarecords.com
(hereinafter referred to as “User“)
- The PROVIDER is a businessman operating in the sector of online sales through home-delivery of various products, the owner of a website under the domain name of www.redsofarecords.com (hereinafter also referred to as “Website“), on which the same provides a variety of paid services to the public. The PROVIDER specifies that the requests and the management of the relationship will be performed online, while the goods and services subject to supply may be made available both online and at the place specifically indicated by the User;
- As to the performance of the services in question, the PROVIDER makes available a telematic system to the User, to be activated through the Website, which includes logical devices and contract management software, to be activated on the same website, by way of example and not limited to: open and manage a personal account, make and manage orders, communicate and interact with the PROVIDER, etc.;
- Therefore, these general terms of contract govern all services present on the website of the PROVIDER, which may be subject, on a service-by-service basis, to additional terms for each of them. These special terms are available on the Website, at the pages dedicated to the corresponding service, as well as in the form of annexes to this agreement; in case of contradiction between, or derogation from, the provisions of the general contract and the Annexes, the latter shall prevail;
- The feasibility of the operations envisaged depends on the User’s proper use of the Internet, the computers and the software involved;
- The User declares to be at least 18 years old and to fully possess and exercise the rights that the law provides as necessary to the stipulation of this contract, e.g., mental capacity and legal ability;
- The Parties hereby intend to regulate their relationship within the limits and the scope herein; any particular regulation shall be provided for by the Annexes to this Contract, if any. Therefore, such Annexes shall be considered as an integral part of this agreement, depending on whether the related service is required or not. The User also accepts the related Disclosure policy related to the processing of personal data regarding the handling of the User’s data in relation to the contractual relationship and for any further purposes specified in the policy.
- These terms shall also be made available to the User in .pdf format, so that the same may save, store and print them for any need; likewise, each Order made remains available to the User in its reserved area on the Website, in a non-editable format.
THE FOLLOWING IS HEREBY AGREED AND STIPULATED
Article 1 – Effectiveness of the Recitals and Annexes
- The Recitals and the Annexes to the Contract are an integral part of the Contract, having the same effectiveness as the other clauses.
Article 2 – Definitions
- For the purposes of this Contract, the Parties agree and declare to attribute the meaning specifically indicated to each term as follows:
- Consumer means the natural person who acts for purposes other than any business, commercial, craft or professional activity;
- Consumer Code means Italian Legislative Decree 206/2005
- Contract means this agreement;
- Registration details means the User’s data entered to fill in the registration forms on the Website, in order to access the Services;
- Order means a single request made by the User to the PROVIDER about a certain and detailed provision of the services offered to the public, consisting of the acceptance of the Contract and the specifications indicated by the User through the special form available on the Website;
- Product means the product offered and sold to the public through the Website by the PROVIDER;
- Registration means the procedure present on the Website, intended for the collection of the User’s identification and information data required by the PROVIDER for the provision of the Services; once this procedure has been completed successfully, the User is provided with an access code (hereinafter the “Password“, of at least 8 characters) and an identification code (hereinafter the “User Name“, namely the e-mail indicated by the User); with access to the User’s own reserved area on the Website;
- Service/Services means the services provided by the PROVIDER to the User, as offered on-line, through the Website and then performed also off-line by the PROVIDER according to the User’s Order, such as the purchase of Products;
- Website means the Website registered under the domain name of www.redsofarecords.com as mentioned in the recitals herein;
- User means the party who accesses the Website, identified by unique passwords and User IDs conferred through prior Registration on the Website by means of a special form, so as to have the right to have its own reserved area on the Website and to request the Services, as indicated in the Contract, for the agreed uses.
Article 3 – Registration – Authentication Credentials – Profile
- The access credentials to the services covered by this Contract and the Annexes hereto are assigned to the User at the time of the User’s online registration by means of a specific form on the Website, confirmed by the successful registration e-mail and consisting of (a) an identification code corresponding to the e-mail address and (b) a password chosen by the User. The e-mail address and the password defined at the time of the User’s registration may be changed by the User at any time and without limitation by accessing the User’s own reserved area on the Website.
- The services provided by the PROVIDER are private, therefore, the User undertakes to diligently keep such credentials, not to disclose them, nor to pass them on to third parties and to keep them confidential, in order to prevent unauthorised access thereto.
- The User shall be held personally responsible for the data declared in the registration form and shall bear the consequences that may result from issuing false statements. In case of false statements provided by the User in the registration form, the PROVIDER reserves the right not to enable or to disable the User from accessing the Website and the Services without any notice or explanation and without prejudice to the right to start appropriate legal actions.
- All the information provided by the Users in the registration process described herein will be handled by the PROVIDER in accordance with the provisions on the “Privacy” page, available on the Website.
- The registration process, during which the above credentials are assigned, may be required at the time of accessing the Website, prior to each Order, or after having selected and filled in the first data needed to make an Order.
- The profile created by the User on the Website shall be deemed as strictly reserved to the User itself, not authorising access to third parties nor transferring or granting third-party rights arising therefrom. The User shall maintain its own personal data on its Website profile constantly updated and accurate, by modifying such data directly on the Website or by contacting the PROVIDER.
- Once the Contract has been stipulated, the same shall be deemed as permanent; thus, the User may request the Services needed at all times. In the event the User intends to terminate the relationship with the PROVIDER, thus cancelling the User’s profile and related right to access thereto from the Website, the User may send a special request of withdrawal from the registration, as better specified in Article 11 below; such withdrawal shall have no effect on Orders already made.
Article 4 – Stipulation of the Contract – Amendments to the Contract
- The Website visitor may freely consult it and use the menus present in there in order to specify the requested Service, even without registering beforehand or logging in. In any event, the visitor shall be requested to log in (as a registered User) or to register as a User prior to the Order’s acceptance; failure to do so will not result in any legal obligation being established between the parties. Until the logging in or registration, the data collected in the meantime on the visitor’s behaviour will be used anonymously for statistical and technical security purposes. It is also understood that the Registration does not in itself entail any obligation to enjoy the Services or any other kind of obligation on the part of the User, except for the processing of personal data and the cookies as specified in the relevant disclosure provisions accepted at the time of the Registration (available on the Privacy page of the Website).
- The Registration shall be done according to the instructions of the relevant form on the Website, after which the User will be sent a confirmation e-mail that the same is requested to reply to by clicking on the link indicated therein; the Registration process shall be deemed completed only at that point in time.
- The User who has obtained the authentication credentials as indicated in Article 3 may have access to the Services offered to the public by the PROVIDER.
- Since the Website pages made available to the public incorporate the essential elements necessary for concluding the Contract in its entirety, such elements shall be deemed as the PROVIDER’s contractual offer, in the form of public offering pursuant to Article 1336 of the Italian Civil Code. The entering of the data required by the User shall be deemed as the User’s signing of the Contract, having thus the User read it and accepted any agreement therein.
- The receipt of the confirmation e-mail, by the e-mail management server declared by the User upon the User’s registration, shall be deemed as confirmation of the accepted subscription proposal by the PROVIDER.
- The PROVIDER reserves the right to amend these terms at any time by sending an e-mail to the User. In any case, such terms shall not be effective until the User explicitly accepts them upon the next access to the Website as a User or the next Order. The PROVIDER shall properly send a confirmation e-mail to the User, which shall be deemed as acceptance of a new and different contractual proposal. In the event the User does not accept the new terms, the User shall not be allowed to make any subsequent Orders nor to enjoy the Services.
Article 5 – Rights and Duties of the User
- From the moment the data forwarded at the time of registration have been processed by the PROVIDER (which has confirmed by e-mail to the User’s indicated address), the User shall be entitled to perform all the activities reserved for registered users on the Website, including the access to and the use of any related Services, under the terms specified from time to time in the Annexes.
- The PROVIDER reserves the right, at its sole discretion, to examine and start the most appropriate legal actions against the parties breaching the terms of this Contract, including the complaint with the competent authorities. By way of example only, below is a list of unlawful or unauthorised activities on the Website during the use of Website Services:
- unlawful activities according to the applicable laws (national and international), including offenses related to child pornography, swindling, exchange of obscene material, illicit trafficking, gambling, threats and harassment, spamming and spimming, the spread of viruses or other malicious files;
- advertisements or promotions addressed to any other User or the PROVIDER, whether registered or not, with the aim of purchasing or selling any product or service through the Website Services;
- any automated use of the system, including the use of scripts for sending comments and messages;
- interference, interruptions or overloads of the Website Services or networks or services associated with the Website Services;
- attempts to impersonate another User or a third party;
- in general, any use of the Website that is not in accordance with the Contract or the applicable laws.
- Therefore, the User undertakes not to copy, reproduce, alter, modify or disclose the contents of the Website in a way other than the ones specified in the terms of the Agreement without express written permission from the Website or by any third parties owning rights on such contents.
- The User undertakes, once the online subscription/ordering process has been completed, to provide for the printing and keeping of the Contract as well as of each Order.
Article 6 – Force majeure
- In the event of impossibility or interruption of execution of the Service by the PROVIDER for reasons of force majeure (e.g. blackout, natural disaster, flood, earthquake, accident or illness of the PROVIDER), the PROVIDER may agree on a subsequent time to finish or carry out the Service. In the event the re-scheduling of the Service by the User is not possible, the Order shall be deemed as terminated due to impossibility, without the PROVIDER being bound in any way vis à vis the User with respect to that specific Order, and without any due compensation.
Article 7 – Consideration, expenses and taxes
- The sole registration with the Website and the obtaining of authentication credentials are, in themselves, free of charge to the User in favour of the PROVIDER.
- The various Services offered by the Website may involve a consideration, which is different according to the Service that was requested. This amount, as well as the criteria for its calculation, will be specified in the access pages of each Order as well as in the relevant Annexes to the Contract.
Article 8 – Online Orders
- The Order shall be validly subscribed only by the User who has entered into this Contract. The stipulation of each single Order shall be deemed as a single Annex to the Contract, with the same effect. It is understood that any event regarding each Order (e.g. termination, withdrawal, amendment, etc.) shall be – unless otherwise indicated by the PROVIDER – effective only with regard to that same Order, without affecting the general validity of this framework Contract, previously stipulated.
- The order form available on the screen before the acceptance encloses a summary of the features of each Service ordered and the relevant price, the payment methods available to purchase it and the methods used to provide the Services or individual products purchased, any applicable costs and tax items, the conditions for the exercise of the right of withdrawal, if applicable, the delivery times (up to a maximum of 30 (thirty) working days following the Order). If the Order is a “pre-order” (it means with the item no immediate available), previously the _User will see on screen the estimated availability time and the related delivery time.
- The PROVIDER ensures the processing and delivery of orders without delay through the telematic system. For this purpose, the same indicates, in real-time, on its online catalogue, the number of available and unavailable products as well as the shipping times.
- In the event an order exceeds the quantity available in the stock, the PROVIDER will, via e-mail, inform the User in case the product is no longer available or notify the time period to obtain the product chosen, asking if the User intends to confirm the order or not.
- In any case, the PROVIDER’s computer system confirms the order registration as soon as possible by sending a confirmation e-mail to the User.
Article 9 – Payment
- The payment may be made by one of the following methods (via current account and or other valid means):
The User shall access the selected payment intermediary’s website directly, by conducting any operation directly with the latter, without involving the PROVIDER in any way.
- It is understood that, once the order has been completed by the above acceptance procedure and by the relevant access to the payment method selected with the order to pay, the PROVIDER shall charge the amount due.
- Any reimbursement to the User shall be credited through one of the methods proposed by the PROVIDER and chosen by the User, in a timely manner and, in the event of exercise of the right of withdrawal, as regulated by art. 11 of the Contract, within a maximum of 14 days following the date on which the PROVIDER had knowledge of the withdrawal.
Article 10 – Delivery of products
- The materially shipped products shall be checked and handed over to the courier without defects. The User may withdraw from the Order by communicating such intention to the PROVIDER prior to shipping.
- The PROVIDER shall not be held liable for the damages and shall not be able to undertake any replacement or repair if not indicated at the time of accepting the goods, by stating on the courier slip (the one that will stay with the deliveryman) the claim with the following wording: “Damaged goods, I accept with reserve to control, intact package I accept with reserve” or similar wording that highlights the damage or alleged damage. The claim shall be immediately reported to the deliveryman, communicated to the following e-mail address firstname.lastname@example.org.
- The product shipped to the address communicated by the User shall not give rise to failure to deliver by the PROVIDER if the address communicated does not provide precise details. Any returns of goods not delivered shall be charged to the recipient User. The PROVIDER shall not be held liable for the delay or failure to deliver and shall be entitled to terminate the contract in whole or in part or suspend and postpone its execution.
- The product ordered and shipped depends exclusively on the User’s will. Under no circumstances shall the User refuse it, under penalty of being charged the cost of return shipping.
- The digital products, which are delivered to the User directly online, will be – upon receipt of Order – immediately available to the User via a direct download link for a period of 7 (seven) days, so that the same may be reproduced by the User on the User’s own storing and archiving systems.
Article 11 – Information on the Right of Withdrawal – Withdrawal from Registration. Express Contract Termination Clause
- The User who is a natural person signing the Contract in its capacity as consumer has the right to exercise – without any obligation to state reasons and free of charge – the withdrawal right no later than 14 (fourteen) working days following the conclusion of the contract (as referred to in Article 4 of the Contract), in the case of services; in the case of products, the effective date is the delivery date of each Order; in the case of digital products, the effective date is the conclusion date of each Order.
- It is understood that the User-consumer shall not be entitled to exercise this right of withdrawal (Article 59 of Consumer Code) in the following cases, such as:
- the service contracts after the service has been fully performed if the performance started with the consumer’s prior express consent and with the consumer’s acceptance that the same lost its right of withdrawal once the contract has been fully performed by the professional;
- the supply of goods tailored or clearly customised for the consumer;
- the supply of goods which, after delivery, are, due to their nature, inseparably mixed with other items;
- the provision of digital content on non-tangible medium if the performance started with the consumer’s prior express consent and the consumer’s acceptance of the fact that, in such case, the same would lose its right of withdrawal.
- In the event the PROVIDER has not fulfilled the information obligation regarding the existence, modalities and times of return or pick up of the goods in case of exercise of the right of withdrawal pursuant to Article 53 of the Consumer Code, the time limit for exercising the right of withdrawal is 90 (ninety) days following the day of receipt of the goods by the User.
- The withdrawal shall be exercised at the User’s choice, by any explicit statement (without penalty and reason), it being permitted to execute it also by printing and sending of the Withdrawal Form available on the Website or by the online filling in and submission procedure (available on the Website, in the reserved area) and with confirmation of its receipt by the PROVIDER. As to paper communications, the parties shall consider the delivery date at the postal office or at the courier as the effective date.
- However, the return of the product shall be made no later than 30 (thirty) days from the receipt of the goods. In any case, in order to qualify for full refund of the price paid, the goods shall be returned intact and, in any case, in normal state of preservation.
- The above right of withdrawal shall be understood as referring to the individual Service Orders required by the User and the User may exercise the withdrawal for some Orders but not for others.
- In any case, the termination/withdrawal by the User shall be always admitted in relation to this General Contract; the User’s registration with the Website, thus, as laid down by Article 3 of the Contract, the use of the Website’s reserved area and the request of Orders shall be cancelled. Such right shall be exercised according to the aforementioned terms, without any obligation to state reasons or without any cost. As a result, upon receipt of the withdrawal, the PROVIDER shall promptly delete the User from the Registered User’s Database, as confirmed to the User by e-mail, with the consequent prevention of the User from using the Services and the deletion of all relevant data, except for the data required to be stored by law (e.g. the data required for tax purposes) and any feedback issued. It is understood that the termination/withdrawal from the Contract implies the immediate termination of any Order that is in progress, but not yet executed.
- The PROVIDER may terminate this Contract with the User pursuant to and for the purposes of Article 1456 of the Italian Civil Code, in the event of the Consumer’s non-compliance with the provisions in Articles 3, 5 or 14 of the Contract, without prejudice to the rights of the PROVIDER to benefit from the payment of the fees accrued in his favour on the termination date and any compensation for the damage suffered.
Article 12 – Statutory Warranty and Support Procedures, Complaints
- The PROVIDER shall be held liable for any nonconformity, which occurs within two years of delivery of each product.
- It is assumed that the consumer goods are in conformity with the Contract if, where relevant, the following circumstances exist: a) they are fit for the purposes for which goods of the same type are normally used; b) they comply with the description given by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) they show similar quality and performance levels deemed normal in goods of the same type and which the consumer may reasonably expect, given the nature of the goods and, where applicable, the public statements on the specific characteristics of the goods made thereon by the seller, the producer or his agent or representative, in particular in advertising or on labelling; d) they are also suitable for the particular use intended by the consumer and made known to the seller at the time of concluding the contract and which the seller has accepted by conduct.
- The User shall lose any right if the User does not report the defect to the seller within two months following the date on which the defect was discovered. The complaint is not necessary if the PROVIDER has admitted the existence of the defect or has concealed it.
- Unless proved otherwise, any nonconformity, which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of nonconformity.
- In case of nonconformity, the User may request, alternatively and without charge, under the following conditions, the repair or replacement of the purchased product, a reduction in the purchase price or the termination of the single Order, unless the request is objectively impossible to satisfy or the PROVIDER finds it as unreasonably expensive pursuant to Article 130, paragraph 4 of the Consumer Code.
- The request shall be made in writing, by means of registered letter to the PROVIDER, who will indicate the its willingness to process the request or the reasons that prevent it from doing so, within seven business days of receipt. The same notice, which encloses the PROVIDER’s acceptance of the User’s request, shall indicate the shipping methods or return methods for the goods as well as the deadline for returning or replacing the defective goods.
- In the event the repair and replacement are impossible or unreasonably expensive, or the PROVIDER has not repaired or replaced the goods within the time limit referred to in the preceding paragraph, or in the event the replacement or repair previously made have given rise to significant disadvantages to the User, the latter may request, at its choice, a reasonable reduction in the price or the termination of the contract. In such a case, the User shall submit the User’s request to the PROVIDER, who will indicate its availability to process the request, or the reasons that prevent the PROVIDER from doing so, within seven business days of receipt.
- The same notice, which encloses the PROVIDER’s acceptance of the User’s request, shall indicate the reduction of the proposed price or the methods intended for returning the defective goods. In such cases, the User shall indicate the reimbursement procedures for the sums previously paid to the PROVIDER.
Article 13 – SUPPLIER’S Liability – Indemnity and Exemptions
- The PROVIDER declines any liability for errors, omissions, interruptions, cancellations, defects, operating or transmission delays, communication line failures, theft, destruction, unauthorised access or alteration of any communication made by users (whether subscribed or not) as well as any liability related to any technical problem or inconvenience concerning networks or telephone lines, online processing systems, server, computer equipment, software, e-mail or reproduction software errors due to technical problems or to a high level of Internet traffic of the Services of the Website or a combination thereof.
- The Website Services are provided based on the technical availability; the Website does not guarantee its continuous, safe, error-free or uninterrupted provision; the PROVIDER cannot guarantee or promise the achievement of specific results as a result of the use of the Services, in addition to what has been agreed herein.
- The web pages of the Website may host banners or other advertising connections (known as links) to services and Internet websites of the PROVIDER or third parties. The PROVIDER declines all responsibility related to the access, use and contact with such third parties and related services and shall not be deemed as related to them in any way, especially as an intermediary, nor is the same to be deemed responsible for the evaluation, examination or any control of what is claimed and published through such links. Therefore, each advertiser shall be personally and solely liable to the Users for the aforementioned advertising link and related services.
- The same Services are provided to the User without any liability for the PROVIDER except for intentional or gross negligence; more specifically, the User shall hold the PROVIDER harmless from any liability arising from the provision of the Services (including any effects on things and persons), both to the User and to third parties. More specifically, the User ensures the PROVIDER to have full and legitimate availability of the premises and whatever is the subject of the requested Services, without infringing any third-party rights.
Article 14 – Rights on the Website and Intellectual Property
- The Website (including, but not limited to, graphics, design, trademarks) is protected by applicable copyright laws, trademarks, patents and other industrial property rights as well as other applicable laws.
- The owner of the Website makes available to the public (in an interactive form on demand) the Website itself and its contents; moreover, this regulation t grants the User a limited license for the reproduction and viewing of the pages of the same Website (excluding any software code), exclusively for personal use and for the use of the relevant Services; therefore, any different and further rights in addition to the ones indicated in the Articles of the Contract shall be deemed as excluded in relation to the User, unless otherwise expressly agreed in writing between the User and the rights-holder.
Article 15 – Communications
- All communications by the PROVIDER to the User shall be made, at the exclusive choice of the PROVIDER, by e-mail, ordinary mail or by telephone to the contact details provided by the User during the registration process (or later updated by the User).
- All communications by the User to the PROVIDER regarding Services and Orders may be made by e-mail only to the following address: email@example.com. For any other communications, the contact details indicated on the website shall be deemed as valid. The User may also communicate with the PROVIDER by accessing the User’s own reserved area on the Website and using the specific functions available therein.
Article 16 – Technical Requirements from the User
- Before proceeding with any request for the Service in question, the User shall verify that the User’s electronic and telematic tools have the necessary (software and hardware) minimum requirements for their proper use.
- The PROVIDER shall assume no responsibility for the lack of or incorrect use of the Services or the Website resulting from the lack of the minimum requirements.
Article 17 – Applicable Language
- The parties agree to exclusively use the English language for the Contract and for any relationship disciplined and/or arising between the parties.
Article 18 – Governing Law and Dispute Resolution – ODR – Jurisdiction
- The parties expressly agree on their intent to apply the Italian law to the Contract, as well as to all relationships that are disciplined thereby, arising therefrom, derived therefrom or otherwise related thereto, also with respect to its execution, termination, cancellation, withdrawal.
- The parties undertake, prior to recurring to legal actions, to initiate the special Online Dispute Resolution procedure, namely the online alternative dispute resolution, through the bodies appointed for these purposes and chosen through the https://webgate.ec.europa.eu/odr platform, under the terms to be consulted therein.
- In case of disputes arising from this relationship, the jurisdiction shall be compulsorily held by the Judicial Authority competent for the place of residence or domicile of the User-consumer, pursuant to Italian Legislative Decree 206/2005. Should the User not be a consumer, the Court of Bologna (Italy) shall have exclusive jurisdiction.
Article 19 – General Provisions
- The User agrees as of now that the PROVIDER assigns this agreement, in whole or in part, as well as its rights and/or obligations to third parties without the need for authorisation and with the sole obligation of the PROVIDER to give notice of such assignment at the user’s contact details.
- The Contract annuls and supersedes any previous, verbal or written agreements between the Parties referring to the same purpose. Any amendment to the Contract will be valid and binding only if proposed and approved in writing by the Parties.
- In the event that one or more of the provisions of the Contract prove ineffective, this shall not affect the applicability of the remaining provisions.
- The Parties shall choose their address for service for all matters relating to the Contract, including that of any judicial notices and communications, at the addresses indicated in the Contract header (for the PROVIDER) and the address provided by the User when registering with the Website (for the User). Each Party shall promptly notify any other change of address to the other Party.
- The Contract shall be regulated by the provisions of Italian Legislative Decree No. 206/2005, where compatible, (Consumer Code, specifically, Part III – Chapter I “On Consumer rights in Contracts” on distance contracts and contracts negotiated outside the business premises), , and – where appropriate – by Italian Legislative Decree No. 70/2003 (Transposition of the Directive on Electronic Commerce). It is also noted that the PROVIDER performs the professional activity in accordance with Law No. 4 of 14 January 2013 (provisions on non-regulated professions for which registration in a roll or registry is not required).
- The existence of any other additional contracts or agreements between the PROVIDER and the User shall not result into their connection to this contract; therefore, each of these agreements shall remain separate and independent, unless a contract or agreement explicitly and functionally invokes another (also in case of Annexes and Orders to this Contract), but always within the limits of its correct literal interpretation.
- The User declares to have read, understood and accepted in full these terms and conditions and the relevant Annexes hereto and undertakes to keep them on paper or on other durable materials at its disposal and accessible to the User.