Terms and condition
GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter the “Terms of sale”) regulate all sales and the execution of any Product by STREAMPATH S.R.L. with registered office in Vidracco, via Baldissero n. 21
C.F and P. IVA11781850018 (hereinafter the “Seller”) through the website www.musicoftheplants.com (hereinafter the “Site”)
The relationship governed by these Sales Conditions will be subject to the provisions of Legislative Decree n. 70/03 (so-called “Decree on the information society and electronic commerce”), the legislative decree n. 196/03 (“Privacy Code”) and EU Regulation n. 2016/679 (“General Data Protection Regulation” or “GDPR”), Directive 1999/44 / EC and Legislative Decree 206/05 (“Consumer Protection Law”), to the extent that the contracting party ( the “Customer” is a consumer according to the law on consumer protection.
1.1 The present general conditions of sale govern the offer, the forwarding and the acceptance of orders of Products made through the Site. The contract stipulated with the Seller through the Site (the “Contract”) is a distance contract. The display of the Products on the Site is an invitation to offer. Every order sent through the Site will be a contractual offer to the Seller for the purchase of the Products described in it and is subject to the Seller’s approval based on Article 3 below. The Contract is considered to be executed upon receipt by the Customer of the declaration of acceptance of the order or, in any case, of the execution of the ordered Products.
ACCEPTANCE OF SALES CONDITIONS
2.1 These Conditions of Sale must be read carefully by the Customer before placing an order with the Seller for the purchase of any Product displayed on the Site (the “Products”) and must be explicitly accepted before sending the order through the procedure provided by the site.
CHOICE OF PRODUCTS, PLACEMENT OF ORDERS AND CONCLUSION OF THE CONTRACT
3.1 SulSitosono the Products that are available for purchase together with the relative price (VAT included).
3.2 The Site provides a specific procedure for entering purchase orders. In no case will the Seller accept orders placed differently than the full and correct completion of the procedure made available on the Site. The fields whose completion is mandatory are highlighted during the ordering procedure.
3.3 The Products that have been selected by the Customer for the purchase through the Site will be temporarily stored in a personal cart for the time of the visit of the Site by the Customer. This temporary deposit is not a reservation: the Seller does not guarantee that the Products stored in the personal cart will be available at the time of the order.
3.4 The Customer can check the contents of the personal shopping cart and the related details at any time during the visit of the Site. In order to send an order to the Seller, the Customer must:
(i) verify the contents of your personal shopping cart;
(ii) express your intention to purchase by clicking the appropriate buttons on the personal shopping cart page;
(iii) complete the order form provided;
(iv) specify a means of payment among those available;
(v) expressly accept these Terms of Sale;
(vii) send your offer by clicking on the “PROCEED TO PURCHASE” button and then “MAKE ORDER”
3.5 The order presented is a contractual offer subject to the Seller’s confirmation and implies the Customer’s obligation to purchase the Products specified therein according to the terms and conditions specified in the order and those established by these Conditions of sale.
3.6 Once the order has been sent, the Customer will be required to provide all the information necessary to finalize the payment through the means selected by the Customer. Once the payment is completed, the Customer will receive a message confirming receipt of the order and containing all the details of the contract, including details of the Seller (including contact details), the selected Products, the relevant quantities, the unit and the total prices, the information on the right of withdrawal (the “Order Confirmation”). The confirmation of the order is a simple acknowledgment of the receipt of the order of the customer and not of the acceptance of the same.
3.7 The Customer’s order is processed during normal business hours (from 9:00 am to 4:00 pm) and on Italian business days; orders placed at different times will be processed the next business day.
3.8 The Customer has the right, subject to the right of withdrawal, to cancel his order at any time before receiving the Acceptance of the order (as defined in point 3.10 below).
3.9 The Contract is actually stipulated and becomes effective between the parties upon receipt by the Customer of a communication from the Seller confirming the acceptance of the order and the availability of the Products (“Acceptance of the order”); otherwise, the Contract will be considered executed upon execution of the ordered Products.
3.10 The seller has the right not to accept the customer’s order and to accept an order only partially. The acceptance order specifies the Products for which the order has been accepted. The Customer’s order will be considered as not accepted if no acceptance of the order will be within 14 days of receiving the customer’s order.
DESCRIPTION OF THE PRODUCTS AND THEIR AVAILABILITY
4.1 All orders entered into by the Site are subject to the actual availability of the Product at the time of the order and acceptance by the Seller, as indicated below.
4.2 The pages relating to the Products on the Site provide all the information relating to the Products currently sold online: only Products that present the “Add to cart” button are available for sale through the Site.
4.3 As soon as the Customer’s order is processed, the Seller informs the Customer if one of the Products ordered is not available. In this case, the order will not be accepted in relation to those Products that are not available.
4.4 In the event that, although the Customer has received the Acceptance of the order, one or more Products included in an accepted order are not available, the Seller will inform the Customer accordingly and will propose, alternatively, to modify or cancel the order accepted. In the event of cancellation, the Seller must, at the customer’s choice, provide the Customer with a credit corresponding to the sum paid to the Seller, which can be used to purchase a different Product, or reimburse the Customer for the price of the Product purchased not available.
4.5 The Seller reserves the right to modify the range of Products offered on the Site.
5.1 The applicable prices are those displayed in connection with the Products ordered on the Site after the order is presented. All prices are in Euros and include the legally applicable VAT.
5.2 The shipping costs are not included in the purchase price, but are indicated and calculated, based on the destination, at the time of the conclusion of the purchase process before the payment is made.
5.3 In the event of an IT, manual, technical error, or any other nature that could result in a material change, not foreseen by the Seller of the selling price to the public, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the Customer will be refunded within 14 days. from the day of cancellation.
6.1 The payment of the purchase price must be paid by credit card, or via PayPal or by bank transfer. The seller only accepts the credit cards listed on the site.
6.2 The invoice, if expressly requested by e-mail to the address email@example.com within 15 days from the purchase, will be sent only electronically according to the details provided to the Customer.
7.1 The products will be delivered by courier worldwide, to the address indicated by the Customer at the time of the order no later than 30 days. from the date of receipt by the Customer of the order confirmation email sent by the Seller.
8.1 The Seller assumes no responsibility for disruptions caused by force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet, in the event that it fails to execute the order within the time stipulated in the contract.
9.1 In accordance with the legal provisions in force, the Customer, if acting as a consumer pursuant to the laws in force, has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days from the date of receiving the products.
9.2 In the event that the Customer has the right of withdrawal, it may be exercised by sending any explicit statement containing the decision to withdraw from the contract or alternatively to send the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014, the text of which is shown below:
Model withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)
Streampath srl, Via Baldissero 21, 10080, Vidracco (TO) ITALY
With this I / we (*) notify / notify (*) the withdrawal from my / (*) sales contract of the following goods / services (*)
– Ordered on (*) / received on (*)
– Name of consumer (s)
– Address of the consumer (s)
– Signature of consumer (s) (only if this form is sent in paper form)
(*) Delete the unused wording.
EFFECTS OF RECESSED
10.1 In case of withdrawal, the Customer has the right to reimbursement of all payments made to the Seller, including delivery costs. These refunds will be made using the same payment method used by the Customer for the initial transaction.
10.2 In case of withdrawal, the Customer is obliged to return the goods received from the Seller at his own expense, without undue delay and in any case within 14 days from the day on which the Customer communicated his withdrawal from this contract.
10.3 The goods must be delivered to the address:
c / o Damanhur Crea
via Baldissero n.21, 10080 Vidracco (TO), Italy
10.4 The refund will be suspended until receipt of the goods by the Seller.
10.5 The Customer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
10.6 The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller will reimburse the amount of the products subject to withdrawal within a maximum period of 14 days from the return, including any shipping costs.
Furthermore, it is worth informing that the European Commission provides an out-of-court dispute resolution platform that is accessible on the site http://ec.europa.eu/odr.