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These general conditions of sale (hereinafter, referred to as the "General Conditions") govern the offer and sale of products (hereinafter referred to for brevity as the "Products" or "Product") by AUDIO IMPACT s.r.l. (hereinafter, for brevity as AUDIO IMPACT), with registered office and Headquarters in Turin, Via Cardinale Maurilio Fossati, 5 - 10141 Torino - Partita IVA: 11550440017 N° Registro imprese: 1222220, registered with the Chamber of Commerce of Turin at No. 1071554, through its platform accessible via the domain names www.audioimpact.it and any future mobile applications (taken together or separately, hereinafter referred to as the "Site").
The Site is allowed only to persons who:
(B) have accepted these Terms and Conditions;
(C) are enrolled at the Site by creating an account "Registered User" (hereinafter referred to as the "Registered Users" or, in the singular, 's "Registered User");
(D) they are of age.
The offer and sale on the site and in general to the relationship between Audio Impact and Members are covered by these General Conditions, the provisions contained in Legislative Decree no. 206/2005 and subsequent amendments and additions on Consumer Rights (hereinafter , referred to as the "Consumer Code"), the applicable laws of internet commerce, Distance Selling and the provisions generally applicable to the type of service provided by AUDIO IMPACT pursuant to Legislative Decree 185/1999 and subsequent . m. and .i. and Legislative Decree no. 70/2003 et seq. m. and i. (Hereinafter jointly referred to as the "Rules on Electronic Commerce"). The General Conditions are also applicable to new types of products that will be provided in future by AUDIO IMPACT, unless otherwise advised. The Registered User please print a copy of the General Conditions and / or store them on a durable medium.
2. Overview and Scope
2.1 These Terms and Conditions shall apply to the offer and sale of products made from AUDIO IMPACT on the Site. The offer and sale on the Site constitutes a distance contract, governed by Articles. 50 et seq. of the Consumer Code and the Rules on Electronic Commerce (“Codice del Consumo” (Consumer Code). This Act is the Legislative Decree n. 206 )
2.2 The General Conditions apply are those in effect on the date of dispatch of the order form referred to in Article 3.1.
2.3 The General Conditions may be changed at any time, subject to the right of withdrawal as well as Registered User below disciplined. Any changes and / or new conditions will be in force from the moment of their publication on the Site. To this end AUDIO IMPACT invites Members to regularly access to the Site and to check the latest Terms and Conditions. In the event that the Registered User does not wish to accept the changes to the General Conditions, he may withdraw by giving notice by registered letter with return receipt addressed to AUDIO IMPACT, or by e-mail to the e-mail to AUDIO IMPACT 7 (seven) working days notice.
2.4 The continued use of the Site by the Registered User, once the period referred to in paragraph 2.3 is manifestation of the will to accept the terms and conditions as may be amended.
2.5 These Terms do not govern the sale of products and / or the provision of services by persons other than AUDIO IMPACT that are possibly on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with these individuals is necessary that the registered user experience their conditions of sale. AUDIO IMPACT is not responsible in any way for the provision of services and / or for the sale of products from such entities. On websites accessed via such links AUDIO IMPACT no control and /or monitoring. AUDIO IMPACT is not responsible for the content of those sites nor for any errors and / or omissions and /or violations of law by themselves.
3. Pre-contractual information
3.1 In accordance with the Rules on Electronic Commerce, AUDIO IMPACT inform the Registered User:
(A) to conclude the purchase of one or more products on the Website, the Registered User will have to fill out an order form in electronic format and send to AUDIO IMPACT, electronically, follow the instructions that appear from time to time on the Site and that accompany the different phases of the purchase;
(B) the contract is concluded when AUDIO IMPACT records the order form, after verification of the correctness of the data relating to the order and payment;
(C) before submitting the order form, the Registered User will be able to identify and correct any errors in data entry by following the instructions from time to time indicated on the Site and that accompany the different phases of the purchase; when you register your order form, AUDIO IMPACT will send a Registered User to the email address provided, an e-¬mail confirmation containing information relating to the characteristics of the purchased Products, a detailed indication of the price, means of payment used, the cost of shipping and any additional costs. Please keep the email receipt as proof of purchase or store it in a durable medium;
(D) the order form will be stored in the database AUDIO IMPACT for the time necessary to execute the order and, in any case, by the legal deadline. To access your order form, the Registered User will see "My Account - My Orders" of the site, where you will find a list of all orders placed.
4. Terms and Conditions of Sale
4.1 Offers published on the Site are available in limited time duration and with a limited amount of products.
4.2 All prices on the site are expressed in Euro (€) and are inclusive of VAT (22%). The contribution to the costs of delivery to the address indicated by the Registered User is explicitly stated and are inclusive of VAT, in the case of purchases made within the European Union. Purchases from countries outside the EU the delivery costs are net of VAT. This amount will be shown separately on the order form before sending and e-mail order confirmation.
4.3 The price of the products may be changed without notice, provided that the price charged to the Registered User will be posted on the board at the date of transmission of the order form.
4.4 The Products may be sold at discounted prices.
4.5 The Products shall remain the property of IMPACT AUDIO until payment of the purchase price and expenses by the Registered User.
4.6 AUDIO IMPACT shall proceed with the purchase order only after receiving confirmation of payment of the total amount due, consisting of the purchase price, shipping costs and any additional cost, as indicated in the order form.
4.7 AUDIO IMPACT reserves the right to refuse orders from Members that do not give sufficient guarantees of solvency or which are pending disputes
4.8 AUDIO IMPACT reserves the right to not accept orders by any person , that are anomalous in relation to the quantity of products purchased or the frequency of purchases made on the Website
5.1 The product cards visible on the site of AUDIO IMPACT also report an indication of the availability of the products. If a product is listed as available in stock AUDIO IMPACT (after verification of the correctness of data related to shipping and receiving payment )it undertakes to deliver the materials within a maximum period of 5 (five) working days, subject to the period of closed for holidays (possibly indicated on the Website), special events socio / environmental and other acts of God. If it is not possible to comply with the times indicated above, AUDIO IMPACT is committed to inform the customer about the situation and, if necessary, at the request of 'Registered User, to cancel the order and reimburse the amount paid.
If a product is listed as not available immediately or available to order, if it has not indicated a specific time for order fulfillment, AUDIO IMPACT agrees to promptly provide the time required to receive the material ordered. In this case the Registered User in any case entitled to withdraw from the resulting refund of the amount paid, according to the time and manner described by the laws currently in force (equal to 14 calendar days from receipt of products).
6.1 Deliveries are made to the address indicated by the Registered User in the order form. It is understood that for shipping address is considered the address indicated by the Registered User in the order form and that this cannot be changed in any way after the completion of the purchase process. The Registered User shall be solely responsible for shipping address provided. The Registered User must provide a telephone number - preferably mobile - which may possibly be used during the transaction or shipment, as well as possibly an indication of the name on the intercom or bell at the delivery address.
6.2 Delivery times are those given during the purchase process in the "Shipping" of the site. In case of failure to indicate a specific term of delivery, it will occur no later than thirty (30) working days from the next the order.
6.3 Upon delivery of the Products to the carrier in charge, will be sent to the Registered User an e-mail confirming shipment, which will contain a link where you can check the status of the same.
6.4 In case of impediments to the delivery due to force majeure, AUDIO IMPACT not be held in any way responsible.
6.5 Delivery is considered completed when the product is made available to the Registered User to the address specified in the order form. There is no delivery on the ground, by appointment or other ancillary services. In case they were needed, please contact us before making the purchase, so that we can agree on this part of the extra conditions.
6.6 In the event of non-delivery to the recipient is absent at the address specified, the carrier will leave a card to certify the delivery attempt. Normally it will be made two attempts of delivery to the Carrier at the address indicated, which will be made a practice of open storage. In this case the Registered User may contact AUDIO IMPACT to receive the information needed to locate and personally collect the product. Any extra expenses caused due to the storage of the product, or any attempt further delivery will be borne by the Registered User, where it is not possible to identify an error by AUDIO IMPACT in the transcript of the address or in the management of the expedition. If the Registered User fails to contact the carrier or AUDIO IMPACT in time (7 days from the third failed attempt), the purchase agreement will be terminated in accordance with art. 1456 cc and the Registered User will lose the right to delivery of the product that will be shipped back to AUDIO IMPACT latter will have the right to retain the Product upon refund of the amount paid by the Registered User, net of costs of delivery of the product was not successful end and the cost of return, custody and management of the practice may be incurred by AUDIO IMPACT. The termination of the contract and the amount of the reimbursement will be communicated to the Registered User by e-mail. The amount of the refund will be credited to the payment method used by the Registered User to purchase.
6.7 AUDIO IMPACT will take care to choose the best shipping service commit thou and suitable for the location of delivery. Shipments are made only by express courier service to provide customers with a secure and reliable service with online tracking of the parcel and money back guarantee in case of loss or theft of the parcel.
6.8 Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the Registered User
7.1 The Registered User who bought products through the Site have the right to terminate its contract with AUDIO IMPACT, without penalty and without giving any reason, within 10 (ten) business days from the date of receipt of the goods, unless otherwise specified . The return must be exercised following the procedure indicated on the Site. Upon receipt of the email return authorization, the Registered User will be required to make to AUDIO IMPACT, through direct delivery or shipment, using a carrier at its option and expense, within ten (10) working days from the date of authorization, the purchased items with the 'label attached and appropriately packed in a way that also preserve the original packaging, complete with all possible accessories and in perfect condition (functional and aesthetic). Products must be sent to: AUDIO IMPACT - Via Cardinale Maurilio Fossati, 5 - 10141 Turin (Italy). For further information please contact AUDIO IMPACT by e-mail at: email@example.com
7.2 Under Article. 67, paragraph II, of the Consumer Code, constitutes a necessary condition for the exercise of the right to make the substantial integrity of the product to be returned. The products must not have been damaged and / or altered and must have the original label attached.
7.3 To exercise the right of return is not required that the goods to be returned is insured against theft and accidental damage from transport. However, because the risk inherent in the return of the goods, he becomes responsible AUDIO IMPACT invites the buyer who wishes to exercise the right of return to ensure, at their own expense, the shipment to the value indicated in the email confirmation of ' purchase order.
In accordance with Article 7.4. 67, fourth paragraph, of the Consumer Code, only after the return of the product only after confirming the fulfillment of the 7.1, 7.2, 7.3 above, AUDIO IMPACT will proceed within 14 calendar days of receipt of products, to reimbursement of sums paid by ' Registered user for the product less the initial shipment of the same, as indicated in the email order confirmation. The amount of the refund, which do not accrue interest, will be notified via e-mail and credited on the same means of payment used to purchase or by bank transfer. It retains the possibility Registered User to join with marketing campaigns underway.
7.5 Under Article. 55, paragraph II, letter d) of the Consumer Code, the right of return is excluded in case the sale must relate to products made to measure, consumables or personalized or which by their nature cannot be returned.
8.1 The payment of the Products purchased on the Site shall be effected by bank transfer, credit card (see the types accepted in the shopping section of the site) and Paypal.
8.2 For the payment, AUDIO IMPACT emits a regular receipt that has value as a document for the guarantee. If the Registered User An invoice must provide to request it in the form of purchase or communicating his application either before or immediately after purchase. For no reason AUDIO IMPACT can issue invoices for past purchases, in accordance with the laws in force.
8.3 As mentioned in paragraph 8.2 it refers to sales made on the Italian national territory. Faced with purchases from other countries, AUDIO IMPACT issue an invoice letterhead to the address provided by the Registered User. If the Registered User has a VAT number on the Community's activities, and want to buy an exemption from VAT, should contact us before you make your purchase and inform us the information needed to properly payable invoice.
8.4 In the event of payment default, AUDIO IMPACT will charge the costs related to the management of the unpaid item Registered User and will reject its purchase order, communicating via e-mail.
9. Guarantees and non-conformity of Products
9.1 All products sold on the Site are covered by a legal guarantee of conformity provided by Articles. 128-135 of the Consumer Code (hereinafter referred to as the "legal guarantee") and the provisions of Articles. 114 to 127 of the Consumer Code.
9.2 The description of the products offered on the Site has been prepared by IMPACT AUDIO Registered User to provide as much information as possible to evaluate the product on the basis of the suppliers, under its responsibility, they have communicated to AUDIO IMPACT. The images and colors of the Products published on the Site may differ from the real effect on the locale of the systems and / or the tools for their visualization. AUDIO IMPACT is not responsible for the mismatch between the product ordered and the description of the product on the Site, if the mismatch resulting from errors in the description due to the supplier and which AUDIO IMPACT was not and could not be aware with the use of reasonable diligence. In detail:
(A) in the event that the product purchased does not conform (color, quantity and model) to the ordered, the Registered User will have, by e-mail to the e-mail address: firstname.lastname@example.org, promptly inform in AUDIO IMPACT within 5 days after delivery or within 8 days from the discovery of the discrepancy by specifying the reason for the discrepancy (attach photo) and taking care to return the product to the AUDIO IMPACT whole and complete the original packaging, if present, or However in packaging suitable to allow a safe shipment. If even one of the conditions just given is not respected, AUDIO IMPACT will not make the rebate of the amount paid or will replace the Product. Unlike AUDIO IMPACT, made the necessary checks, it met the requirements, will replace the product at its own expense within 30 (thirty) days from the date of receipt of the notification by the Registered User. If replacement is not possible, AUDIO IMPACT is committed to offer the Registered User a voucher with a maturity of 3 (three) months (equal to the amount paid by the Registered User for the Product then result dissimilar) to rely on future purchases or repay the sum paid by the Registered User (on which not accrue interest) as soon as possible and, in any case within thirty (30) working days of receipt of the notification by the Registered User. The amount of the refund will be communicated via e-mail and credited on the same means of payment used to purchase or by bank transfer;
(B) in the event that your Product is damaged due to transportation, the Registered User, upon receipt of the product, it is required to report it to the presence of the carrier, questioning and reporting immediately any tampering, deformation, damage or alteration found, appending on the delivery and also by giving timely notice to AUDIO IMPACT within 8 days of delivery by e-mail at: email@example.com (attach photo), taking care to return the product to the AUDIO IMPACT in suitable packaging to allow a safe shipment. If even one of the conditions just given is not respected, AUDIO IMPACT will not make the rebate of the amount paid or will replace the Product. Unlike AUDIO IMPACT, made the necessary checks, it met the requirements, will replace the product within thirty (30) working days of receipt of the notification by the Registered User. If replacement is not possible, AUDIO IMPACT is committed to offer the Registered User a voucher with a maturity of 3 (three) months (equal to the amount paid by the Registered User for the Product then become corrupted) to rely on future purchases or repay the sum paid by the Registered User (on which not accrue interest) as soon as possible and, in any case within thirty (30) working days of receipt of the notification by the Registered User. The amount of the refund will be communicated via e-mail and credited on the same means of payment used to purchase or by bank transfer;
(C) if the product purchased is defective or flawed, the Registered User will have, by e-mail to the e-mail address: firstname.lastname@example.org, give timely notice to AUDIO IMPACT within 5 days of delivery or but within 8 days of discovery of the defect, specifying the reasons (attach photo) and taking care to return the product to the AUDIO IMPACT whole and complete the original packaging, if present, or in any case in packaging suitable to allow a safe shipment. If even one of the conditions just given is not respected, AUDIO IMPACT will not make the rebate of the amount paid or will replace the Product. Unlike AUDIO IMPACT, made the necessary checks, it met the requirements, will replace the product within thirty (30) working days of receipt of the notification by the Registered User. If replacement is not possible, AUDIO IMPACT is committed to offer the Registered User a voucher with a maturity of 3 (three) months (equal to the amount paid by the Registered User for the Product then bad result) to rely on future purchases or repay the sum paid by the Registered User (on which not accrue interest) as soon as possible and, in any case within thirty (30) working days of receipt of the notification by the Registered User. The amount of the refund will be communicated via e-mail and credited on the same means of payment used to purchase or by bank transfer.
9.3 Excluded from the legal guarantee Products opened, modified or altered in any way by the Registered User. Also they excluded from the scope of the legal guarantee against defects caused by accidental events or responsibility of the Registered User.
10. Duties and responsibilities of AUDIO IMPACT
10.1 AUDIO IMPACT is committed to correct any errors in the description of the products offered on the site as quickly as possible, from the report of the same. The reporting of such errors can be made by contacting Customer Service AUDIO IMPACT addresses listed in the introduction.
10.2 AUDIO IMPACT is not responsible for damage of any kind arising from use of the product improperly and / or not in accordance with the manufacturer's instructions.
10.3 IMPACT SOUND will not be liable in case of loss of profit, loss of revenue, profits, data or any other indirect and consequential damage of any kind arising out of or related to contracts subject to the Terms and Conditions.
10.4 The responsibility of AUDIO IMPACT, in any case, may not exceed the total value of the purchase order.
10.5 In no event AUDIO IMPACT be liable for non-performance in any of the obligations arising from contracts to it subject to the General Conditions in the event that the failure is caused by unforeseeable circumstances and / or force majeure, including, but not limited to, natural disasters, terrorist acts, strikes, network failures and / or blackout.
11. Suspension of service
11.1 AUDIO IMPACT reserves the right to temporarily suspend, without prior notice, the operation of the Site for the time necessary for the technical necessary and / or desirable to improve the quality of services offered.
11.2 AUDIO IMPACT may at any time discontinue the service if there are justifiable reasons (security or violations of confidentiality or otherwise), giving in such a case report to the Registered User.
12. Changing the terms of sale and / or termination of the sale on the Site
12.1 AUDIO IMPACT reserves the right to change the terms of sale of the Products on the Site and / or terminate the sale of products on the Site.
12.2 AUDIO IMPACT will in no way be held responsible towards the Registered User or third parties for such changes and / or if it ceased the sale of products on the Site.
13. Site content and intellectual property rights
13.1 The intellectual property rights and / or industrial property on the contents of the Site, including but not limited to, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, including menus, web pages, graphics, colors, schemes, tools, fonts, design of the Site, diagrams, layouts, methods, processes, functions and software, are the exclusive property of AUDIO IMPACT and other respective owners. And 'The reproduction, modification, duplication, copying, distribution, sale or other uses of the images, the content of the Site, unless previously authorized in writing by AUDIO IMPACT. It 'also prohibited any use of the website contents for commercial and / or advertising.
13.2 The other brands that distinguish the products sold on the Site are trademarks of their respective holders and are used by IMPACT SOUND under license, for the sole purpose of distinguishing, describing and advertising the products for sale on the site. Any use of the distinctive signs above do not conform to the law and not authorized is prohibited. Is not in any way be used in any distinguishing marks on the Site to take unfair advantage of the distinctive character or reputation of these or to damage them and their owners.
13.3 In no case the Registered User may alter, change, modify or adapt the site, or the material available from AUDIO IMPACT.
14.1 AUDIO IMPACT offers the option, at its sole discretion, to receive discount coupons. The coupons can be distributed by AUDIO IMPACT its customers, actual or potential, with promotional or commercial, in electronic or paper form, either directly or through partner companies; by way of example, the coupons may be granted at the time of registration or after registration and the first purchase of a new registered user invited by an existing registered user. The coupons entitle the beneficiary to access the discount associated with them, with the limitations described for each voucher.
14.2 The validity, the terms and conditions of use and the value of the vouchers are specified at the time of issue of the voucher. In case of discount coupons offered by AUDIO IMPACT at a specific offer, these vouchers cannot be used for other offers. In any case, the coupons must be used before the expiration date specified on issue.
14.3 The discount vouchers are not transferable or assignable. The coupons are not redeemable for cash or earn interest on them.
14.4 The coupons cannot be used to settle the shipping.
14.5 In the case of returns, discount vouchers will not be redeemable.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions are governed by Italian law.
15.2 In the event of disputes arising from the interpretation, validity and / or execution of these Terms and Conditions, the Registered User has the right to protect its interests through a consumer association in the art forms. 140 of the Consumer Code, or initiate a court settlement to the dispute resolution for consumer pursuant to art. 141 of the Consumer Code. E 'but without prejudice to the Registered User may have recourse to the ordinary for the settlement of disputes arising from the interpretation, validity and / or execution of these General Conditions and in this case the territorial imperative is that of the judge's place of residence or domicile of the Registered User.