Terms of service

GENERAL CONDITIONS OF SALE

PREMISES

These General Terms and Conditions of Sale and Use relate to the purchase of products made remotely via computer network on the site www.musound.myshopify.com, belonging to Gaudio srls based in Via Paolo V, 37b - 00167 Rome, VAT 15132261007.

Each purchase transaction shall be governed by the provisions set out in Legislative Decree 185/99, Legislative Decree 206/05; information directed to the conclusion of the contract shall be subject to Article 12 of Legislative Decree 70/03 and, as regards the protection of confidentiality, shall be subject to the regulations set out in Legislative Decree 196/03 (privacy).

The General Terms and Conditions of Sale may be amended at any time, subject to the user's right of withdrawal. Any amendments and/or new conditions shall be in force from the time of their publication on the site. The General Terms and Conditions applicable are those in force on the date the purchase order is sent. These conditions do not govern the sale of products and/or the provision of services by parties other than Musound srls that are present on the website through links, banners or other hypertext links.

Before conducting business transactions with such parties you should check their terms and conditions of sale. Musound Srls is not responsible in any way for the provision of services and / or sale of products by such parties, nor for the content on their sites including any errors and / or omissions and / or violations of the law by the same.

Musound Srls reserves the right to refuse, at its sole discretion, the registration of a user and also reserves the right not to accept orders, from anyone, which are in any way abnormal for, but not limited to, quantity, frequency, mode.

CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

Before proceeding to the conclusion of a contract of sale, it is necessary to register on the Site, entering your first name, last name, e-mail address and password (hereinafter ‘registration credentials’). Registration on the Site is free of charge. Registration is confirmed by e-mail sent to the address provided by the user. The registration credentials are to be used exclusively by the user and may not be passed on to third parties.

The user shall hold Musound srls harmless from any obligation to pay compensation, penalties arising from and/or in any way related to the user's violation of the rules on registration to the Site. You are solely responsible for accessing the Website using your Registration Credentials and shall be directly liable for any damage or harm caused to Musound srls or third parties due to misuse, loss, misappropriation by others or failure to maintain proper secrecy of your Registration Credentials.

All transactions made using the Registration Credentials shall be deemed to have been made by the customer to whom the Registration Credentials relate. Contracts for the sale of products on www.musound.myshopify. com , are considered concluded when the purchase order, in electronic format, is transmitted electronically by the customer to Musound srls following the instructions that will appear from time to time on the site and the latter accepts it by sending to the user, at the email address indicated a confirmation email containing a link with which to access a summary of the General Terms and Conditions, information on the characteristics of the product purchased, a detailed indication of the price, the means of payment used, the procedures for exercising the right of withdrawal, shipping costs and any additional costs.

In any case, no contract shall be deemed concluded unless the customer has telematically accepted the General Terms and Conditions of Sale during the purchase. The customer, by submitting their purchase order electronically, declares that they have read and accepted these general terms and conditions and undertakes to observe and comply with them in their dealings with Musound Srls.

PURCHASING MODALITIES

The offers published on the Site are available for a limited time and with limited quantities of products. The validity date of the offers is indicated on the Site. All prices indicated on the Site are in Euros and are inclusive of VAT. This amount will be shown separately, for each product, on the order form and on the order confirmation email. The products will remain the property of Musound Srls until the payment of the purchase price and expenses by the customer. Musound Srls will process the purchase order only after receiving confirmation of authorization to pay the total amount due as indicated in the order.

The customer purchases the product, whose characteristics are illustrated online in the relevant descriptive and technical sheets, at the price indicated therein plus the delivery costs specified on the website. Before the purchase order is placed, the unit cost of each product selected, the total cost in the event of purchasing several products, and the relevant delivery costs are summarised. Once the purchase order has been submitted, the customer will receive an email from Musound Srls confirming receipt of the purchase order and containing information relating to the main characteristics of the goods purchased, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general terms and conditions and information on the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site.

PAYMENT: The customer may use the PayPal payment procedure, which is suitable for ensuring the confidentiality of the data provided by customers. On the occasion of the first purchase, the user will be asked to communicate the data for the header of the receipt. If an invoice is deemed necessary, the customer must communicate this during the purchase process. In the event of non-payment, Musound Srls will charge the costs related to the management of the outstanding amount to the customer and will refuse the relevant purchase order, notifying the customer by email.

AVAILABILITY OF PRODUCTS

Product availability refers to the actual availability at the time the buyer places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of several users, the products may be sold to other customers before the order is confirmed.

Even after the order confirmation e-mail has been sent, partial or total unavailability of the goods may occur. In this eventuality, the order will be completed within a maximum of 20 days, which is the time required for the required item(s) to be available. Alternatively, the order will be rectified automatically by deleting the unavailable product and the purchaser will be informed immediately by e-mail.
If the buyer requests the cancellation of the order, terminating the contract, Musound Srls will refund the amount paid within 30 days of Musound Srls becoming aware of the buyer's decision to terminate the contract.

PRODUCTS OFFERED

Musound Srls sells electronic equipment and devices. Audio devices, audioguides, microphones, headsets and other accessories related to museum services or interpreting services. Musound Srls also offers equipment rental services by appointment. The offer is detailed on our website at the link: https://www.musound.myshopify.com/prodotti/

LEGAL GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS

The products sold on the Site are covered by the Legal Guarantee of Conformity provided for in Articles 128 - 135 of the Consumer Code, this guarantee is reserved for consumers. The images and colours of the products published on the Website may differ from the real ones due to the local settings of the systems and/or tools used to display them.

Musound Srls is liable to the consumer for any lack of conformity that exists at the time of delivery of the product and that becomes apparent within two years from such delivery. The defect must be reported to Musound Srls, under penalty of forfeiture of warranty, within two months from the date on which it was discovered by sending an email to the following address: info@musound.it.

In the event of a lack of conformity of the purchased products with respect to the publication on the Website, the user has the right to repair or replacement of the product, at no additional cost, where this is possible in relation to the number of products still available and unless the replacement or repair is not excessively expensive for the seller in relation to the value of the goods, in the absence of lack of conformity. Alternatively, the user is entitled to termination of the contract or reduction of the price. Unless proven otherwise, conformity defects that become apparent within six months of delivery of the product shall be presumed to have already existed on that date, unless this assumption is incompatible with the nature of the product or the nature of the conformity defect.

In order to benefit from the Legal Warranty, the user must therefore provide proof of the date of purchase and delivery of the good. They are
products that have been repaired, modified or in any way altered by the user are excluded from the Legal Warranty. Also excluded from the scope of application of the Legal Warranty are any failures, malfunctions or other defects caused by accidental events or by the user's liability, or by use of the product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the product, if any, or in the instructions for use relating to the same.

The conventional warranties relating to the products sold are those provided by the manufacturer. Products purchased on the site are subject to the regulations on the sale of consumer goods.

EXPRESS TERMINATION CLAUSE

In the event of total or partial non-payment of the purchase price of the goods, Musound Srls reserves the right to declare, pursuant to and for the purposes of art. 1456 of the Civil Code, this contract terminated by sending a written notice to the customer's email address.

COMPLAINTS

For any complaints or clarifications, the customer shall write to the email address info@musound.it. The customer will be contacted for clarification within 3 working days of the request.

CONTACTS

Any request for information may be sent by email to info@musound.it, or by post to the following address: Piazza San Cosimato 40 - 00153 Rome

APPLICABLE LAW AND COMPETENT COURT

The present General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Italy, without prejudice to any different overriding mandatory rules of the purchaser's country of habitual residence. Accordingly, the interpretation, execution and termination of the General Terms and Conditions of Sale shall be subject exclusively to Italian law.

Any disputes inherent and/or consequent thereto shall be settled exclusively by the Italian courts. In particular, if the purchaser has the status of Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same in accordance with the applicable law.

REFERENCE

For anything not expressly provided for in this contract, the provisions of current Italian law shall apply.

SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The content of Musound Srls, such as, but not limited to, the works, images, photographs, dialogues, videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, are protected by copyright and all other intellectual property rights of Musound Srls.

It is prohibited to produce, modify, duplicate, copy, distribute, sell, or otherwise exploit the images, the content of the Site unless previously authorized by Musound Srls. It is also prohibited any use of the contents of the Site for commercial purposes and / or advertising.

These terms and conditions were drawn up on 21/03/2022