Who we are …
Our Website is: https://www.musicgallery.it
General Sales Terms and Conditions
1. Area of application
These General Conditions of Sale apply to sales of products (hereinafter “the Products”) made through the site https://www.musicgallery.it (the “Site”) and set the relations between Music Gallery S.r.l. and the buyers of the Products (hereinafter “Customers” or “Customer”).
Placing an Order, the Customer expressly accepts the General Conditions of Sale in force at the time of purchase.
The General Conditions of Sale contain specific provisions depending on whether the Customer makes the purchase as a Consumer or as a Professional, as better specified below. If the Customer is a Consumer, the latter will be granted the rights and protections referred to in Legislative Decree 6 September 2005, n. 206 (so-called Consumer Code). Otherwise, if the purchase is made by a Professional Customer, the general regulations of the Italian Civil Code will apply, with the exclusion of the 1980 Vienna Convention on the international sale of goods.
If any provision of these conditions is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.
Special conditions of sale, which can be consulted in the reserved area of the site, will be applied to producers of musical instruments, resellers of musical instruments or repairers of musical instruments. To access these special conditions of sale it will be necessary to be authorized by Music Gallery, after having documented the aforementioned qualities of Producer, Reseller or Repairer of musical instruments (for example through chamber registration or VAT certificate).
Customer: the subject, Consumer or Professional, who purchases Products offered for sale on the Site.
Seller: Music Gallery S.r.l. Tax code and VAT number: 03124210968 – R.E.A. Milan no. 1643904 – Business Register MI-2001-79413 with registered office in Via della Liberazione, 26 – 20016 – Pero (MI) and operational headquarters in Via Vincenzo Monti, 52 – 20017 – Rho (MI).
Consumer: means any person who purchases products for purposes unrelated to any commercial, industrial, craft or professional activity, as required by art. 3 of the Legislative Decree. 6 September 2005 n. 206 (the “Consumer Code”).
Professionist: is the natural or legal person who concludes an online sales contract in the exercise of his commercial, craft or professional activity, or an intermediary. For the purposes of applying the General Conditions of Sale, the person who has entered the VAT number during registration or at the time of purchase of the product (s) is considered a Professionist (Professional Buyer).
Purchase order: it is the proposal to purchase Products on the Site made by the Customer through electronic transmission of the order following the click on the “Place Order” button;
Order Summary: communication from Music Gallery generated by the computer system containing the purchase details;
We invite the Customer to carefully read these General Conditions of Sale before proceeding with any purchase. Purchasing on the Site will entail full acceptance of the General Conditions of Sale.
Music Gallery reserves the right to modify these General Conditions of Sale. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
3. Sending orders
To make a purchase on the Site you must be registered. Music Gallery recommends the customer to carefully check the data entered during the purchase.
While browsing the Site, the Customer can select one or more products by adding them to the cart. Before purchasing, the Customer will be able to view a summary of the order and their data. At this point, the Customer will be expressly requested to accept the General Conditions of Sale in force, through the appropriate check mark (check-box) on the Site.
The presentation of products on our Site constitutes an invitation to the Customer to formulate a purchase proposal to Music Gallery. Each Order that the Customer sends to Music Gallery therefore integrates a contractual proposal (hereinafter the “Order”) for the listed products, each considered individually.
When placing the Order, the Customer will receive a message of taking charge of the Order itself (the “Order Summary”) which will contain the order number, the summary of the Products ordered and the shipping costs, in addition to payment method chosen.
The Order Summary, however, does not constitute acceptance of the purchase proposal. By sending the Order Summary, in fact, Music Gallery only confirms receipt of the Order. After the Order Summary, the Customer will be contacted by Music Gallery via Phone Call, to verify the data and to confirm which of the requested Products are available. The purchase order is considered accepted by Music Gallery at the time of shipment of the Products.
4. Product Availability
The site, on the pages of each product, indicates which of them are not available. However, it may happen that products indicated as available are actually not, depending on the timing of updating the pages of the Site. In any case, after placing the Order, the Customer is contacted by Music Gallery to review the Order and confirm the availability of the ordered products.
5. Prices and Payment Methods
The prices are expressed in Euro and the amount will therefore be charged in Euro currency.
The purchase price of each Product is that indicated on the Site at the time the Order is sent.
The prices displayed on the Site are indicated as inclusive of VAT and do not include shipping costs which are indicated in the summary before placing the Order.
The prices shown on the Site may be subject to variations and / or modifications by Music Gallery at any time, but these variations will not affect Orders already accepted by Music Gallery.
When sending the Order, the Customer can decide whether to pay by PayPal circuit, Credit Card or by bank swift.
Credit card / Paypal
Upon entering the credit card or PayPal number, the Customer will be automatically transferred to the website of the bank that manages the payment. In case of payment by credit card, the data of the Customer’s credit card are communicated, after being encrypted, exclusively to the Bank, which, after appropriate controls, will send to Music Gallery the authorization to charge the account, for the amount you authorized.
In case of partial availability of Products, you will be charged only the amount corresponding to the price of the Products available, in addition to the shipping costs.
In case of payment made through the PayPal circuit, the payment of the price of the Products will take place according to the procedure provided and governed by PayPal and the terms and conditions provided therein. The price of the Products displayed at the time the Order is immediately charged to the user. In case of partial unavailability of the ordered Products, the price of the unavailable Products will be refunded. In the event of total unavailability of the Products, the full amount paid by you will be refunded, including shipping costs. Where the Order includes one or more items indicated on the Site as not available, the refund by Music Gallery to the Customer of the sums paid for these Products will result in the Customer being charged an amount of Euro 1.00 (One / 00 ). This charge will be deducted from the refunded amount. The timing of crediting the sums to the Customer does not depend on Music Gallery, but on the payment circuits used by the Customers.
It is possible to pay the price for the purchase of the Products also by bank transfer. In this case it will therefore be necessary to give correct instructions to your bank so that the amount is credited to our account.
At the time of placing the Order, the Customer will receive a notice that will request to make the transfer only after receiving an e-mail communication from Music Gallery with an indication of the amount to be paid and the bank details to make the payment.
The Customer can, therefore, make the bank transfer to the bank with details indicated in the e-mail and, once we have received the credit of the amount indicated by us, it will be our pleasure to proceed with the shipment. If the Customer chooses the Bank Transfer as a payment method, he will have 24 hours to make the payment, starting from the receipt of the Music Gallery e-mail. Subsequently, the Order will be automatically canceled and it will be necessary to place a new Order, with the prices in effect at the time of reordering.
6. Shipping and delivery
The shipment of products takes place only upon receipt of full payment by Music Gallery.
For deliveries within the Italian territory, the amount of each shipment is Euro 11.50 (elevenpointfifty) and includes insurance coverage.
For shipments to other EU or non-EU countries, the shipping costs will be calculated from time to time based on the rates set by the Courier and may involve import duties and taxes. Any additional costs (customs clearance, etc.) will be customer responsability.
The delivery times of the Products are the result of mere estimation and are therefore purely indicative.
7. Right of withdrawal for Consumer Customers
In accordance with the provisions of the Consumer Code (Legislative Decree 6 September 2005, n. 206), the Consumer Customer has the right to withdraw from the purchase within 14 days from the date of receipt of the Products.
The withdrawal must be exercised by sending, via registered letter with return receipt, to the address Music Gallery s.r.l. soc. Unipersonale – Via V. Monti 52 – 20017 Rho (MI) or e-mail to email@example.com, an explicit declaration of withdrawal from the contract, accompanied by the receipt or invoice issued by Music Gallery.
The return of the Products must be made to the following address: Music Gallery s.r.l. Soc. Unipersonale – Via V. Monti 52 – 20017 Rho (MI) no later than the following deadlines:
a) within 14 (fourteen) days from the date on which the Customer communicated the withdrawal from the contract, or
b) within 14 days of receipt of the Product, if the delivery of the same takes place after the notice of withdrawal.
The deadline is considered respected if the shipment of the Product takes place (by courier or by insured mail) before the expiry of the aforementioned period of 14 (fourteen) days.
The costs for returning the Product subject to Withdrawal to Music Gallery on the Consumer Customer charge. The Customer is required to return the Product in an intact condition, with original labels not removed and properly packaged using original packaging and packaging.
The Customer is responsible for the decrease in the value of the Products resulting from their handling other than normal and necessary to verify the characteristics and functioning of the Products.
In this case Music Gallery will have the right to withhold from the refund of the price the sum corresponding to the decrease in the value of the asset. When packing the package for the return of the Product, the Customer must insert a copy of the declaration of withdrawal and the purchase document (receipt or invoice) issued by Music Gallery inside the package.
If the right of withdrawal has been validly exercised within the established terms, and the integrity of the returned Product has been verified, Music Gallery will refund the price paid for the purchase of the Products in relation to which the withdrawal was exercised, including the costs of shipment related to the purchase (with the exception of additional costs deriving from the possible choice of a shipping method other than that indicated as “standard”). The reimbursement will take place, indicatively, within 14 days from the notice of withdrawal; however, pursuant to art. 56, paragraph III of the Consumer Code, it is in any case the right of Music Gallery to withhold the reimbursement of the price paid by the Customer until receipt of the Products.
In the event that the withdrawal is exercised only in relation to some Products of the Order, with consequent withholding by the Customer of one or more Products purchased, the shipping costs incurred by the Customer at the time of purchase will not be reimbursed.
The refund will be made using the same payment method used in the initial purchase, unless the Consumer Customer explicitly requests a different method by sending an e-mail to firstname.lastname@example.org.
8. Legal Warranty for Consumer Customers.
If the purchase is made as a Consumer, the Customer is entitled to the legal warranty of conformity for the products purchased online under the terms and conditions set out in the Consumer Code (Articles 128-135).
The legal warranty has a duration of two years from the delivery of the Product (s). The lack of conformity must be reported, under penalty of forfeiture, by the Customer to Music Gallery within two (2) months from the date on which the Customer discovered the defect, with indication of the defect and / or non-conformity found, as well as the related documentation proving the purchase of the Product (s) (purchase receipt).
The complaint must be made in writing, by registered letter with return receipt. sent to the following address: Music Gallery s.r.l. soc. Unipersonale – Via V. Monti 52 – 20017 Rho (MI) or by PEC (Certified Electronic Mail).
Upon receipt of the complaint and carrying out the necessary checks on the validity of the warranty, Music Gallery will provide instructions to the Customer for the forwarding of the Product to a technical assistance center or for its return.
The shipment will take place by courier and the relative cost will be borne by Music Gallery. The Customer is required to prepare the Product for shipment by carefully packing it in the original packaging, and enclosing all accessories, instructions and everything contained in the original packaging of the Product. If there is a discrepancy reported, Music Gallery will repair or replace the defective Product in accordance with art. 130 of the Consumer Code, unless such remedies are not possible or are excessively burdensome.In this case, the Customer will be entitled to an appropriate price reduction or, if the defect is not minor, to terminate the contract. However, Music Gallery has the right to propose alternative remedies available.
9. Legal warranty for Professional Customers
In the event of defects in the Products sold to Professional Customers, Articles. 1490 and ss. of the Civil Code.
The Professionist can enforce the warranty, provided that he reports the defect of the Product within eight days from discovery. The action expires, in any case, in one year from delivery.
To exercise the aforementioned rights, the Professionist must submit a specific complaint to Music Gallery in writing, by electronic certified email or registered letter with return receipt to Music Gallery s.r.l. soc. Unipersonale – Via V. Monti 52 – 20017 Rho (MI).
10. Disclaimer of Warranty
The legal warranty, for the time periods indicated respectively for Consumer and Professional Customers, does NOT apply:
• in case of incorrect / non-compliant installation or maintenance of the Product (s);
• in case of incorrect use of the Product (s) or in any case in case of negligence or carelessness or failure to comply with the instructions / indications provided;
• if the Product / s has been modified, altered or tampered with by the Customer or by third parties other than Music Gallery or its representatives.
In any case, consumable parts subject to normal wear and tear such as, as an example, strings, batteries, lamps, light bulbs, etc. are EXCLUDED from the warranty.
11. Limitation of Liability
Music Gallery will not be in any way responsible towards the Customer for the non-acceptance or fulfillment of an order.
The responsibility of Music Gallery is also excluded for damages, direct or indirect, possibly suffered by the Customer as a result of incorrect use of the Products and / or non-compliant with the technical and / or safety measures indicated by the manufacturer, or in any case for any damage suffered by the Customer deriving from circumstances not attributable to the Product itself, such as, as an example but not limited to, lightning, atmospheric events, overvoltages and overcurrents, insufficient or irregular power supply.
12. Intellectual Property Rights
The Customer declares to have been informed that all trademarks, names, distinctive signs, denominations, images, photographs, texts, words on the Site, relating to the Products and not, are and remain the exclusive property of Music Gallery and / or its successors in title. It is forbidden for the Customer to use, reproduce, modify, in any way and form, the content on the Site.
14. Applicable law and competent court
These General Conditions of Sale are governed by Italian law.
Should any disputes arise regarding the application, effectiveness, or execution of these General Conditions of Sale, they will be subjected to a preliminary friendly attempt at resolution.
In the event that the attempt at an amicable settlement of the dispute does not have resolutive effect, the dispute will be referred to the judge of the place of residence or domicile of the Consumer Customer, if located in the territory of the Italian State. Otherwise, the exclusive forum will be Milan.
Any dispute that should arise between Music Gallery and the Professionist and that is not resolved amicably as provided above, will be devolved to the exclusive jurisdiction of the Court of Milan.