Terms of sales

 

1 The General terms of sales set out below (“the Terms”) regard the regulation of the purchase of goods and services, through the Internet, on the website www.clariusaudi.com (“the Website”).

2 The Website makes goods like music sheets, compact disc and books available; available services are the ones connected to the sale of the abovementioned goods. All products and services are accurately described on the home page of the Website www.clariusaudi.com inside the corresponding sections, divided by product category.

3 Owner of the Website is Consonanze S.r.l.s. Viale Ercole Marelli 95, 20099, Sesto San Giovanni, Milan, Italy. VAT number IT09588590969, registered at the Register of Companies of Milan - C.F.09588590969 and in R.E.A. MI - 2100590

4 All purchases of available goods and services made through the Website (Purchase Agreements) by the users who log in (“the Clients”) are to be governed by the following General Terms and all other operational instructions present in the Website. General Terms shall always prevail on the abovementioned dispositions.

5 Any and all derogation from these General Terms shall be agreed by Consonanze S.r.l.s. only in written form.

6 All provisions are applicable to all Clients, except for those which are explicitly applicable to Consumer Clients only. “Consumer Client” is a natural person who purchases products or services offered on the Website with an aim other than the professional or entrepreneurial activity done; regarding the present Terms of Sales, it is presumed that a Client sending a purchasing request and giving its VAT number in the personal data form is not a “Consumer Client”. Art. From 50 to 63 of D. Lgs. n. 206/2005 shall also apply to the Purchasing Agreements drawn up with Consumer Clients.

7 Consonanze S.r.l.s. kindly invites all Clients to carefully read the following Terms before proceeding with any purchase and to print them or save them once the purchase is made.

8 Consonanze S.r.l.s. reserves the right to change, integrate or vary the General Terms with no advanced notice. Any change will be valid from the moment of publishing on the Website, as stated in the General Terms.

 

Purchasing Procedures

9 Clients can purchase the products available on the online catalogue of Consonanze S.r.l.s., accurately described on the home page of the Website www.clariusaudi.com in the corresponding product categories and in the information sheets present on the Website, in the respect of the technical procedures set out. The presentation of goods and services on the Website constitutes an invitation to the Client to formulate a Purchasing agreement. The order placed by the Client has the value of agreement proposal and entails the full knowledge and acceptance of the present General Terms.

10 Consonanze S.r.l.s confirms the correct reception of the Client proposal through an automatic response sent to the e-mail address communicated by the Client and only confirms the correct reception of the abovementioned proposal. This confirmation message will indicate a “Client Order Number”, to be used in the following communication with Consonanze S.r.l.s. The message will contain all mandatory information and the data entered by the Client who shall verify their correctness and promptly communicate any necessary correction.

11 Any order can be seen by the Client on the Website in his/her personal area, immediately after the order has been placed. Until the order is processed (communicated to the client through the update of the information on his/her personal area) the Client has the faculty to modify or cancel the order, specifically through the functions of the abovementioned personal area.

12 Any Purchasing Agreement drawn up between Consonanze S.r.l.s. and the Client is stipulated when Consonanze S.r.ls. accepts it. Consonanze S.r.l.s. reserves the faculty to accept or deny the order sent by the Client. The Client has no right to claim the acceptance of the abovementioned order. Non acceptance by Consonanze S.r.l.s. will be tacitly agreed, if not otherwise communicated within 48 hours from the order, through an e-mail sent to the address provided by the Client.

13 When placing an order, the Client declares to have read all indications provided and to accept all the general Terms and payment procedures that follow.

 

Product prices – delivery fees – product availability

14 All prices are indicated on the Website and only include added value. Taxes and duties are not included in the prices. The Client shall clear all customs costs and pay all taxes due to the import country, if due. Client shall also pay the costs for foreign bank transfer.

15 Whenever a product is present on the Website in different areas than the ones dedicated to products purchase or if a product doesn’t show the “add to cart” button, it means it is not available for sale.

16 Products prices and availability, as presented on the Website, may be subject to possible variation any time and with no notice. With on-going orders accepted by Consonanze S.r.l.s, General terms in vigor at the time of ordering will be applied, unless the order has not been accepted, as declared at .12.

17 In the Website, shipment availability is highlighted. The availability is not updated in real-time; furthermore, products availability may vary depending on users visits and orders placed during a day. Consonanze S.r.l.s. doesn’t guarantee that an order can be immediately processed and will not be responsible for possible delays.

18 If delivery times are subject to delays, Consonanze S.r.l.s. will promptly communicate it to the Client via e-mail to the address provided by the Client. Until shipment, communicated by Consonanze S.r.l.s. through the update of the information of the Client’s personal area, the Client has the faculty to cancel or modify the order by following specific procedures and technical functions of the personal area.

19 Shipment cost may vary depending on shipment methods, delivery, payment, country of destination and total amount of the order. Final price is made of the sum of the abovementioned elements with the overall cost of any Purchasing agreement and is clearly indicated and communicated to the Client, on the Website, before the order is placed. Shipment costs shall also be specified in the personal area until the order is processed.

20 Visual representation of products on the Website, where available, normally corresponds to the picture of the products themselves and aims at presenting them for sale purpose, without guarantees nor commitment that the correspondence between picture on the Website and product is real; this shall be particularly true for real dimensions and/or chromatic aspects of covers and/or packaging. In the event of difference between picture and written product sheet, product sheet shall always prevail.

 

Payment

21 Payments for Agreements drawn up on the Website can only be made via credit card, bank transfer or by cash on delivery once the product is delivered. Once the Purchase Agreement done, the Client shall decide its payment method. Once the payment method chosen, after Consonanze S.r.l.s. accepts it, it will be impossible to modify it.

Payment via credit card

22 If the client purchases a product with payment via credit card, the bank will immediately verify the validity of the credit card. In this hypothesis, the Client will be able to cancel the order (exclusively by following the communication procedures to Consonanze S.r.l.s.) without the need to ask for a refund.

23 All information about Clients’ credit cards are transmitted through protect connection from the Website to the bank in charge of managing the transaction.

24 Consonanze S.r.l.s. has the power to ask the Client any integrative information (i.e. telephone number) as long as request the delivery of further documents to prove the ownership of the abovementioned credit card used to make the payment. Should it happen that the Client doesn’t provide the information requested, Consonanze S.r.l.s. has the power to not accept the order, i.e. terminate the Purchasing Agreement by communicating it to the Client at his/her e-mail address.

 

Cash on delivery

25 Cash on delivery is a payment method provided for Italy only. If cash on delivery is chosen as payment method, payment must be done only with Euros cash to the courier in charge of the delivery. It is responsibility of the Client to prepare the exact amount of money as indicated on the Purchasing Agreement. Usually, the courier can’t provide any rest. No cheque nor bank draft will be accepted.

26 The Client shall only give the courier the amount of money agreed in the Purchase Agreement.

27 Failure to pay the amount of money agreed, for any reason, will result in a written notification, from Consonanze S.r.l.s. to the Client. Consonanze S.r.l.s. will have the power to charge the Client with late payment interests as provided for by law; in that case, until the Client doesn’t proceed to payment, Consonanze S.r.l.s. has the right to cancel any further delivery, to terminate any other Purchasing Agreement and to block purchasing functions through the Website, in order to avoid any other damage.

 

Delivery and documents

28 Consonanze S.r.l.s. oversees the delivery of all products. Responsibility will be transmitted to the Client once the product iss delivered by the courier or by any other agent designated by Consonanze S.r.l.s.

29 Consonanze S.r.l.s. can receive, through the Website, Purchasing orders with deliveries to any country in the world. Shipment costs will be automatically calculated by the Website and will be visible to the Client before the Client checks out. They may vary country by country and on the basis of shipment method. For what Italy is concerned, costs may vary on the basis of the chosen payment and shipment methods.

30 No responsibility can be given to Consonanze S.r.l.s. by the Client in the event of delay of fulfilment of the order or delivery of the order.

31 For any contract drawn up through the Website, Consonanze S.r.l.s. will issue an invoice regarding the products to be delivered. Invoice will be sent by Consonanze S.r.l.s. by inserting a copy in the delivered goods package and by e-mail at the address provided by the Client, in accordance with the art. 14 D.P.R. 445/2000 and DL 52/2004. Information on the invoice will be faithful to those provided by the Client at the time of the order. No variation on the invoice will be possible after issuing, nor it will be feasible to issue an invoice after the order is processed to Clients who didn’t provide their VAT number.

32 Except for different indications given by Consonanze S.r.l.s. Customer Care to the Client, delivery is intended at street level. At the moment of delivery by the courier, the Client shall control that the number of goods corresponds to what indicated on the shipping document and that the package is intact, not damaged nor altered.

33 For any damage to the packaging and/or products or in the event that a good is missing, the Client shall immediately contest by applying the mention “accepted with reservation” on the receipt. Furthermore, the Client shall immediately communicate – no later than 8 (eight) days from delivery date – to Consonanze S.r.l.s. (by sending a message on the page “Contacts”) any problem linked to the physical integrity, delivery or completeness of the received goods.

34 For what the delivery is concerned, the presence of the Client or of somebody in charge at the indicated place and at the correct time is requested. In the event the Client is absent (or the person in charge is), in case of Pony Express, the courier will leave a notice for a second delivery for the following date and a telephone number to arrange a different delivery date. In the event that the second delivery attempt fails, the purchasing order will be considered as cancelled and the goods will be sent back to the Consonanze S.r.l.s. warehouse. In the latter case, Consonanze S.r.l.s. will refund the Client, if the Client will have paid by credit card, the price of the non-delivered goods and delivery costs within 5 days of arrival of the goods in the warehouse. The corresponding Purchasing Agreement will be automatically considered as cancelled.

35 Circumstances beyond our control, means of transport unavailability and unforeseeable or inevitable events that may cause delays to deliveries or make deliveries difficult or impossible and increase the costs of delivery at the expense of Consonanze S.r.l.s. will give Consonanze S.r.l.s. the right to divide, delay or cancel the delivery, so the right to terminate the Purchasing Agreement. In that case, Consonanze S.r.l.s. shall immediately communicate it by e-mail at the address provided by the Client and the latter will have the right to have the paid price refunded.

 

Right of withdrawal

36 The Consumer Client has the right to withdraw for any reason and with no need of explanation, except for the respect of the following procedures.

37 To exercise the Right of withdrawal, the Consumer Client shall access his/her personal area in the Website, select the order subject to withdrawal and follow the instructions the Client will receive on his/her e-mail address. Request to withdraw shall be sent no later than 10 working days after the products are received.

38 The Client has the responsibility to return the goods, through delivery, with a courier of choice. Products must be sent, no later than 10 working days after the products received, at the following address: Consonanze S.r.l.s. Viale Ercole Marelli, 95 – 20099, Sesto San Giovanni (MI), Italy.

39 In order to exercise the right of withdrawal, the Consumer Client must follow the following conditions and process:Withdrawal can be applied to single goods which are part of a unique Purchasing Contract. Withdrawal will be applied to the whole product, that is to say that the Client Consumer will not exercise the right of withdrawal for a part of a purchased product (i.e. one musical score in a package);

The products subject to withdrawal must be intact and will be returned in their original packaging, complete of all their parts (packaging and accessory documents included); in case of audiovisual material or magazines, packaging seals and/or SIAE’s marks must be intact;

In accordance with the instructions received by Consonanze S.r.l.s., the Consumer Client will have the responsibility to send back and return the products to Consonanze S.r.l.s.

40 Consonanze S.r.l.s. is not responsible for any damage or theft or loss of products subject to withdrawal; any risk is responsibility of the Consumer Client.

41 Once the integrity of the product verified, Consonanze S.r.l.s. will refund the entire amount paid for the products to the Consumer Client, no later than 30 days after the product are back at the warehouse. Refund will be made through transfer cancellation or bank transfer, in accordance with the instructions agreed upon and bank details indicated by the Consumer Client.

42 If the withdrawal conditions listed and explained at paragraph 39.- will not be met or in the case that products are damaged for reasons different from transport, the Purchasing Agreement will remain valid and Consonanze S.r.l.s. will send the wrongfully returned products back to the Consumer Client and will charge the Client of delivery costs.

 

Warranties in case of damaged product

43 Until the term of two years from the delivery of the products, Consonanze S.r.l.s. is responsible towards the Consumer Client, in accordance with art. 130 and 132 of D.Lgs. 206/2005, for any defeat of the product at the moment of delivery, particularly for damaged products.

44 The Consumer Client will not be able to exercise the rights of art. 130, clause 2 of D.Lgs 206/2005 if he/she doesn’t report the defeat within two months after the defeat is discovered.

45 Consonanze S.r.l.s. will make any possible effort to replace the damaged product with another of the same quality and title available in the warehouse, at its own expenses, if the Client sends it back in its original packaging (all parts included). In the case that the replacement is not possible (i.e., due to an out-of-print product), Consonanze S.r.l.s. will refund the Client the amount paid for the damaged product, with no further responsibility.

 

Communication and complaints

46 Any communication or complaint from the Client towards Consonanze S.r.l.s. regarding the Purchasing Agreements shall be addressed to the Customer Care responsible for the Website management by sending an e-mail in the “Contacts” section of the Website www.clariusaudi.com.

 

Intellectual Property

47 All trademarks (both registered or not), distinctive features and names, images, pictures, written or graphical texts and generally all immaterial goods protected by international laws and conventions on intellectual and industrial property are in the exclusive property of Consonanze S.r.l.s. and/or of its assignor. It is excluded that the access to the Website and/or the Purchasing Agreement can result in a Client’s right on the abovementioned matters. Any use, even if partial, of the abovementioned subjects is forbidden without previous written authorization given by Consonanze S.r.l.s. that exclusively owns all the rights.

 

Legislation

48 The Purchasing Agreement between the Client and Consonanze S.r.l.s. shall be governed by the Italian laws.

49 Any dispute arising between the parties shall be of the exclusive competence of the Court of Milan, except for disputes that will be competence of the Court of the place of residence of the Consumer Client.

 

Personal data processing (privacy)

50 Personal data processing by Consonanze S.r.l.s. is explained in detail in the dedicated area of the Website.