General Terms and Conditions of Sale
Article 1 – General Provisions
1. By navigating in this area the user accesses LUXURY SOUND SRL, accessible through the url: www.luxurysound.co (henceforth referred to as “LUXURY SOUND SRL”). Browsing and sending a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site as indicated therein.
2. These General Terms and Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03) by
LUXURY SOUND SRL
Head office: VIA CETTOLINI 29 – 09030 ELMAC (CA)
VAT No.: 03989300920
3. Before accessing the products provided by the site, the user is required to read these General Terms and Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and of these General Conditions of Sale, the terms of which LUXURY SOUND reserves the right to modify unilaterally and without prior notice.
Art. 2 – Object
1. These General Terms and Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on LUXURY SOUND and do not govern the provision of services or the sale of products by parties other than the seller who are present on the same website through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from parties other than the seller, we suggest you check their terms and conditions of sale.
Article 3 – Conclusion of the contract
1. In order to conclude the purchase contract, it will be necessary to fill in the electronic form and send it following the instructions.
2. The form contains a reference to the General Terms and Conditions of Sale, the images of each product and its price, the means of payment that can be used, the delivery methods for the products purchased and the relevant shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal, and the methods and timing for returning the products purchased.
3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form completed by the user, after checking that the data contained therein is correct.
5. The buyer is obligated to pay the price from the moment the online order process is completed. This will be done by clicking on the “Place Order” button at the end of the guided procedure.
6. Once the contract is concluded, the seller takes over the order for processing.
Article 4 – Registered users
1. When completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his personal data correctly and truthfully.
2. Confirmation shall in any case exempt LUXURY SOUND from any liability regarding the data provided by the user. The user undertakes to promptly inform LUXURY SOUND of any change in the data communicated at any time.
3. If the user communicates inaccurate or incomplete data, or if there is a dispute by the interested parties about the payments made, LUXURY SOUND shall be entitled not to activate or to suspend the service until the relevant shortcomings have been remedied.
4. On the occasion of the first request for activation of a profile by the user, LUXURY SOUND shall assign to the user a username and a password. The latter acknowledges that such identifiers constitute the validation system for the user’s access to the Services and the only system capable of identifying the user, and that the acts performed through such access shall be attributed to him/her and shall be binding on him/her.
5. The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to pass them on, even temporarily, to third parties.
Article 5 – Availability of products
1. Product availability refers to the actual availability at the time the purchaser places the order. This availability must in any case be considered purely indicative because, due to the simultaneous presence of several users on the site, the products could be sold to other customers before the order is confirmed.
2. Even after the order confirmation email has been sent, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified by eliminating the unavailable product and the purchaser will be informed immediately by e-mail.
3. If the purchaser requests the cancellation of the order, terminating the contract, LUXURY SOUND shall reimburse the amount paid within 30 days from the moment LUXURY SOUND became aware of the purchaser’s decision to terminate the contract.
Article 6 – Products offered
1. LUXURY SOUND markets
MUSIC AND RELATED PRODUCTS
2. The offer is detailed on our website under the link: https://luxurysound.co/shop-online/.
Art. 7 – Terms of payment and prices
1. The price of the products shall be the price indicated on the site from time to time, unless there is an obvious error.
2. In the event of an error, LUXURY SOUND shall notify the purchaser as soon as possible so that the order can be confirmed for the correct amount or cancelled. In any case LUXURY SOUND shall not be obliged to supply the goods sold at the lower price erroneously indicated.
3. The prices on the site are inclusive of VAT and do not include shipping costs. Prices may change at any time. Changes do not apply to orders for which an order confirmation has already been sent.
4. Once you have selected the products you want, they will be added to your shopping cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. You can change your order details before payment.
5. Payment can be made by:
PayPal, Credit Card, Debit Card.
Article 8 – Delivery
1. LUXURY SOUND delivers worldwide.
2. LUXURY SOUND will only deliver to the user’s domicile, provided at the time of purchase.
3. Delivery is generally made within one week, or, if no delivery date is specified, within the estimated time at the time of selection of the delivery method and, in any case, within a maximum period of thirty days from the date of confirmation.
4. If delivery is not possible, the order will be sent to the warehouse. In that event, a notice will specify the location of the order and how to agree on a new delivery.
5. If you are unable to be at the delivery location at the agreed time, please contact us again to arrange a new delivery date.
6. If delivery cannot take place for reasons beyond our control after thirty days from the date on which the order is available for delivery, we will assume that you wish to terminate the contract.
7. As a result of the termination the amounts will be returned, including the costs of delivery with the exclusion of any additional costs arising from the choice of a delivery method other than the ordinary method offered without undue delay and, in any event, within 29 days from the date of termination. The transport resulting from the termination of the contract may have additional costs that will be borne by the purchaser.
8. Shipping costs are the responsibility of the purchaser and are explicitly highlighted when the order is placed.
Art. 9 – Passing of risk
1. The risks relating to the products shall pass to the Buyer from the time of delivery. Ownership of the products is deemed to have been acquired as soon as full payment has been received for all amounts due in respect of them, including shipping costs, or at the time of delivery, if this occurs at a later date.
Article 10 – Warranty and commercial conformity
1. The Vendor is responsible for any defect in the products offered on the site, including the non-conformity of the articles to the products ordered, in accordance with the provisions of Italian law.
2. If the purchaser has entered into the contract as a consumer, i.e. any natural person acting on the site for purposes unrelated to any entrepreneurial or professional activity carried out, this guarantee is valid provided that the defect becomes apparent within 24 months from the date of delivery of the products; that the purchaser submits a formal complaint regarding the defect within a maximum of 2 months from the date on which the defect was recognised by the purchaser; that the online return form is correctly completed.
3. In the event of non-conformity, the purchaser who has concluded the contract as a consumer shall be entitled to have the products restored to conformity free of charge by repair or replacement, or to obtain an appropriate price reduction or termination of the contract in respect of the disputed goods and the consequent refund of the price.
4. All costs of returning defective products will be borne by the seller.
Article 11 – Withdrawal
1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. In the case of multiple purchases made by the purchaser with a single order and delivered separately, the 30-day period starts from the date of receipt of the last product.
3. The user who intends to exercise the right of withdrawal shall notify LUXURY SOUND by means of an explicit declaration, which may be sent by registered letter with return receipt to VIA CETTOLINI 29 – 09030 ELMAS (CA) or:
VIA CETTOLINI 29 – 09030 ELMAS (CA)
4. The purchaser shall also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively by sending the standard withdrawal form, as per Annex I, Part B, Legislative Decree 21/2014, which is not mandatory.
- La merce dovrà essere rispedita a:
VIA CETTOLINI 29 – 09030 ELMAS (CA)
- La merce dovrà essere restituita integra, nella confezione originale, completa in tutte le sue parti e completa della documentazione fiscale annessa. Fatta salva la facoltà di verificare il rispetto di quanto sopra, il sito provvederà a rimborsare l’importo dei prodotti oggetto del recesso entro un termine massimo di 14 giorni, comprensivo degli eventuali costi di spedizione.
- Come previsto dall’art. 56 comma 3 del D.Lgs 206/2005, modificato dal D.lgs 21/2014, il sito può sospendere il rimborso fino al ricevimento dei beni oppure fino all’avvenuta dimostrazione da parte del l’acquirente di aver rispedito i beni.
- Non si applicherà il diritto al recesso nel caso in cui i servizi e prodotti di LUXURY SOUND sono inclusi nelle categorie dell’art. 59 del D.Lgs 206/2005.
- Il sito eseguirà il rimborso utilizzando lo stesso mezzo di pagamento scelto dal l’acquirente in fase di acquisto. Nel caso di pagamento effettuato con bonifico, e qualora il l’acquirente intenda esercitare il proprio diritto di recesso, dovrà fornire le coordinate bancarie: IBAN, SWIFT e BIC necessari all’effettuazione del rimborso.
Article 12 – Data processing
1. The purchaser’s data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the section containing the information pursuant to art. 13 of Legislative Decree 30 June 2003 and art. 13 of EU Regulation 2016/679 (Privacy Policy).
Article 13 – Safeguard clause
1. If one of the clauses of these General Conditions of Sale is null and void for any reason whatsoever, this shall in no way affect the validity of and compliance with the other provisions of these General Conditions of Sale.
Article 14 – Contacts
1. Any request for information can be sent by email to the following VIA CETTOLINI 29 – 09030 ELMAS (CA)or luxurysoundsrl@gmail.com, by phone to the following address: +39 379 175 8899, and by post to the following VIA CETTOLINI 29 – 09030 ELMAS (CA)or:
VIA CETTOLINI 29 – 09030 ELMAS (CA)
Art. 15 – Applicable law and competent court
1. These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the purchaser. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes arising from and/or in connection with the General Conditions of Sale shall be settled exclusively by the Italian courts. In particular, if the purchaser has the status of Consumer, any disputes shall be settled by the court of the place of domicile or residence of the same according to the applicable law.
These conditions have been drawn up on 17/02/2022.