Art. 1 Fundamental provisions

1.1 These General Conditions of Sale (hereinafter referred to as General Conditions) apply without restrictions or additional conditions to all sales of products offered by Castelfidardo Musica, with operational and administrative headquarters in VIA GIACOMO MATTEOTTI, 16 - Castelfidardo (AN) - 60022, VAT number 02055190421 and C.F. MZZMSM54E16G157Q, via the site www.castelfidardomusica.it.

1.2 Before proceeding with order confirmation, the Customer is required to read these General Conditions and accept them in full. In case of non-acceptance, the order cannot be forwarded.

1.3 Castelfidardo Musica reserves the right to modify the General Conditions at any time and without notice. It is the Customer's responsibility to check for any changes with each purchase. Such changes will be effective upon their publication on the site. It is therefore advisable to regularly consult the site for the most updated versions of the General Conditions of Sale.

1.4 The General Conditions are accessible on the site in a format that allows the Customer to store and reproduce them, as required by article 12, paragraph 3 of Legislative Decree 9 April 2003, n. 70.

Art. 2 Scope of application

2.1 The General Conditions of Sale apply to all transactions carried out by the Seller on the site.

2.2 The inclusion of the tax code or VAT number during the purchase indicates whether the Customer is acting as a Consumer or as a Company, as defined in the Consumer Code. The implications of this choice will be described later in this document.

2.3 The time periods indicated are intended as working days, excluding Saturdays, Sundays and national holidays. The images and descriptions on the site are indicative and the colors may vary due to the settings of the devices used.

2.4 The applicable General Conditions of Sale are those in force at the time the purchase order is sent.

2.5 The Seller will not be liable for indirect, incidental, special or consequential damages to the Customer or third parties. Furthermore, it does not guarantee the accuracy, completeness and updating of the information on the site.

2.6 The content of the site is the property of the Seller or third parties and may not be reproduced, distributed, published, transmitted, modified or sold without the written consent of the Seller.

Art. 3 Purchase procedures on the site

3.1 To make purchases on the site, it is necessary to follow the procedures indicated, entering the requested data. The sales contract is considered concluded when the order has been correctly processed by the Seller's server, the customer receives order confirmation communication and the payment is correctly accounted for by the Seller.

3.2 The Customer must immediately inform the Seller in case of suspicion or knowledge of improper use of their information on the site.

3.3 The Customer guarantees the accuracy and completeness of the personal information provided to the Seller and undertakes to keep him harmless from any damages resulting from violations of this commitment.

3.4 The Seller reserves the right to refuse orders from users who have violated the General Conditions of Sale or any other regulatory provision.

3.5 Acceptance of these General Conditions of Sale is necessary to place an order, and sending the order constitutes implicit acceptance of the same.

3.6 The Seller is the sole contractual party for purchases made on the site and assumes the obligations deriving from the sales contract.

3.7 The Seller reserves the right to operate with its own commercial banner on the site and in communications relating to it.

3.8 The Seller does not guarantee the continuous availability of the site and declines all responsibility for any interruptions to the service.

3.9 After purchase, the Customer will receive an order confirmation email containing the essential information regarding the purchase.

3.10 The colors of the products on the site are indicative and may vary depending on the resolution of the device used by the user. The Seller is not responsible for color discrepancies compared to the Customer's expectations. It is advisable to contact the Seller for any doubts about the colors of the products.

Art. 4 Availability of Products

4.1 The Products available on the Site are in limited quantities. It is possible that, due to simultaneous purchases by multiple users, an ordered Product is no longer available after the order has been sent.

4.2 Information is provided on the availability of the Products on the Site, with continuous monitoring and updating. However, due to simultaneous purchases, it may occur that a currently available Product is actually out of stock or not immediately available. In such cases, you may need to wait for restocking.

4.3 In the event of unavailability of the Product ordered, the Customer will be informed and will have the right to terminate the purchase contract. Before proceeding with the resolution, the Seller reserves the right to:

Provide an alternative product of equivalent or greater value, subject to your acceptance and payment of the difference, if applicable;

Propose an extension of delivery terms, indicating the new expected deadline.

4.4 In case of request for unavailable Products, the Seller will refund within a maximum of 10 days.

4.5 In the event that the Customer exercises the right of termination, the contract will be considered terminated. If the payment of the Total Amount Due has already been made, the Seller will provide the refund according to the established methods.

Art. 5 Prices

5.1 The prices indicated on the Site include VAT for the European territory. For territories outside of Europe, VAT is excluded.

5.2 The Seller reserves the right to change the prices of the Products at any time, it being understood that the price charged will be that indicated at the time of the order, regardless of subsequent changes.

5.3 Shipping costs are borne by the Customer, unless otherwise indicated.

5.4 The shipment of the Products takes place following authorization or crediting of the payment of the Total Amount Due. Ownership of the Products and the related risk of loss or damage pass to the Customer upon delivery to the carrier.

5.5 The purchase contract is determined by the payment of the Total Amount Due. In the absence of payment, the order will be cancelled.

In the case of a bank transfer, the customer has a maximum of 5 days to proceed with sending the payment with execution receipt. Once the 5 days have expired, the order is considered canceled and the material is no longer reserved.

5.6 In the event of an error in the price of the Product, the Seller will communicate the correct price to the Customer, who can accept it or terminate the purchase contract. The Seller reserves the right to cancel the sale in the event of product availability errors.

Art. 6 Payment methods

6.1 This article describes the payment methods available on the Site, with the possibility of contacting the Seller for further information.

6.2 Payment options include payment cards, bank transfer and cash on delivery, with various conditions and procedures specified.

6.3 The Seller guarantees the security of payment data and does not have access to sensitive payment card data.

6.4 The Customer can use online payment services such as PayPal, Klarna and SELLA Personal Credit - In installments online, with further details provided on the Site in the FAQ section dedicated to payments.

6.5 The Seller does not customize prices based on the Customer's behavior, as required by current legislation.

6.6 Refunds, if necessary, will be made using the same payment method used for the purchase.

6.7 In compliance with Legislative Decree no. 26 of 7 March 2023, the prices published on the Site are not subject to customizations based on automated decisions. Consequently, the prices displayed on the Site are not influenced by the user's previous behavior.

6.8 In the event that the Seller must proceed with a refund for any reason relating to the purchase of one or more Products, such refund will be made using the same payment method used by the user. Any delays in reimbursement may be caused by factors such as banking institution policies, the type of credit card or the payment solution used.

Art. 7 Delivery of the Products

7.1 Delivery of the Products extends globally, with the exception of areas deemed difficult. For further details on the delivery of the Products, the user is invited to contact the Seller directly, who can provide specific information regarding the possibility of delivery to countries not explicitly indicated on the Site.

7.2 The delivery obligation is considered fulfilled when the Customer actually acquires material possession or control of the Product.

7.3 The average delivery time of the Products from the time the order is sent is generally 2/3 days.

7.4 The term indicated in point 7.3 is to be considered purely indicative and non-binding. The Seller therefore reserves the right to deliver the Products within a maximum period of 30 days from sending the order, unless otherwise specified on the product purchase page.

7.5 It is the Customer's responsibility to check the conditions of the Products received. While the risk of loss or damage to the Product for reasons not attributable to the Seller is transferred to the Customer upon delivery, the Customer is advised to carefully check the number and condition of the Products delivered.

the Seller recommends that you check that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and invites you, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve. In case of obvious anomalies or signs of tampering with the package, it is advisable to promptly report it to the Seller.

7.6 Regarding the possibility of requesting delivery of the Products to a "collection point", it is specified that this option is not currently available on the Site. However, the user is invited to periodically check the Site for any updates regarding this method of delivery.

7.7 The Customer has the right to choose the "Collect in Store" delivery method, which allows the Product to be collected from the designated point of sale. Once the Product is available for collection, the Customer will be informed by the Seller and will be able to proceed with the collection during the Store's opening hours, presenting the necessary purchase documentation.

Art. 8 Right of withdrawal

8.1 The Customer is invited to carefully read this article, which regulates the right of withdrawal.

8.2 The right of withdrawal allows the Consumer to cancel the purchase contract without having to provide a specific reason. It is specified that the right of withdrawal does not apply to purchases made by companies, unless otherwise agreed with the Seller.

8.3 If the Customer is a Consumer (and except for exceptions specified in the article), he has the right to exercise withdrawal within 14 days of delivery of the Products. To exercise this right, the Customer must inform the Seller of his decision before the withdrawal period expires.

8.4 In the event that you are a Consumer (unless there are specific exceptions mentioned in this article), you have the right to withdraw from the purchase contract of the Product within a period of fourteen calendar days (Withdrawal Period), without having to provide any reason and without incurring additional costs beyond those provided for in this article. To exercise the right of withdrawal, you must inform the Seller of your decision before the withdrawal period expires. You can do so by writing to the Seller at the addresses provided previously or using any contact forms on the Site. The exercise of the right of withdrawal is considered valid if you communicate your decision before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs for returning the Products are your responsibility, as is the responsibility for their transport. If you exercise the right of withdrawal, you must return the Product to the Seller at the indicated location or another address specified by the Seller. The Withdrawal Period expires after 14 days:

in the case of an order for a single Product, from the day on which you or a third party designated by you, other than the courier, physically acquires possession of the Products;

in the case of a Multiple Order with separate deliveries, from the day on which you or a third party designated by you, other than the courier and you, physically acquires possession of the last Product.

8.5 If the withdrawal is applicable, the Seller will refund the Total Amount Due, including delivery costs if applicable, without undue delay and in any case within 5 calendar days of receipt of the goods (excluding processing times for credit methods). The refund will be issued via the same payment method used for the initial transaction.

8.6 If you are a Consumer, you are responsible for any decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, functioning properly, with all accessories and manuals included, tags, labels and disposable seal, if present, attached and intact, suitable for its intended use and free of signs of wear or dirt. The right of withdrawal applies to the Product in its entirety and cannot be exercised for parts or accessories of the Product. If the Product has suffered a decrease in value due to handling other than that necessary to establish its nature, characteristics and functioning, the Seller may deduct such decrease in value from the refund amount. In this case, the Seller will inform you of the decrease in the refund amount and will provide you with the details for payment of the amount due due to the decrease in value of the Product, if the refund has already been made. If the return is not exercised in accordance with the applicable legislation, it will not lead to the termination of the contract and will not give the right to any refund.

8.7 If you have the right of withdrawal, the Products must be returned to the address provided in the "Seller Details" section previously or to an address subsequently communicated by the Seller.

8.8 This article addresses an important aspect relating to return costs in the event of withdrawal. We inform you that the costs of returning the Product will be at your expense and under your responsibility.

8.9 The right of withdrawal can only be exercised for contracts concluded remotely or negotiated away from commercial premises (art. 52 Consumer Code), therefore it cannot be exercised in the case of purchases made in-store.

Considering the above, it is important to underline that the costs of returning the Product will be borne by the customer and under his responsibility.

Art. 9 Legal Guarantee of Conformity

9.1 The Legal Guarantee of Conformity is intended for the Consumer and applies only to users who have purchased on the Site for purposes not related to entrepreneurial, commercial, artisanal or professional activity.

9.2 The Seller is responsible to the Consumer for any lack of conformity of the New Product that emerges within two years of delivery. The action to enforce defects not intentionally hidden by the Seller expires within 24 months of delivery of the goods.

9.3 Unless proven otherwise, it is presumed that defects of conformity which emerged within 24 months of delivery of the Product were already present at the time of delivery, unless this is incompatible with the nature of the Product or the defect.

9.4 In the event of a lack of conformity, the Consumer has the right to have conformity restored, according to the conditions established by the rules of the Consumer Code.

9.5 The Seller is responsible towards the Consumer for any lack of conformity of the Product sold as "Used" which occurs within three months of delivery. The used conditions are indicated in the product table with a value from 1 to 5 stars. In case of dissatisfaction with the conditions, the consumer can refer to the terms of the right of withdrawal of the Art. 8.

9.6 The Seller is not responsible for damages resulting from improper use of the Product or from causes of force majeure.

9.7 If the purchase was made by a Professional, the previous articles do not apply and the legal guarantee is governed by the civil code, with a notification of defects within 8 days of discovery and an action prescribed within 1 year of delivery.

Art. 10 Manufacturer's Warranty

The Manufacturer's Warranty represents a further guarantee compared to that required by law for compliance possibly provided by the Seller on the Products.

Unless otherwise indicated on the Site, the Products sold are not covered by the Manufacturer's Warranty, except for the following brands of accordions and accordions: Paolo Soprani, Moreschi, Elena Soprani, Scandalli. These brands extend the Castelfidardo Musica guarantee from two to five years. However, the rights guaranteed by the Legal Guarantee of Conformity as described in the previous article remain valid.

Art. 11 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution.

11.1 I contratti conclusi tramite il Sito sono regolati dalle presenti Condizioni Generali di Vendita e, per quanto non previsto, dal Codice del Consumo italiano.

11.2 Per gli utenti Consumatori, qualsiasi controversia relativa al presente documento è competenza del tribunale del luogo di residenza o di domicilio dell'utente. Per gli utenti Professionisti, la competenza spetta al tribunale dove ha sede il Venditore, come indicato in Premessa.

11.3 Il Venditore comunica all'utente Consumatore che, nel caso in cui un reclamo presentato direttamente al Venditore non risolva la controversia, il Venditore fornirà informazioni sugli organismi di Alternative Dispute Resolution (ADR) per la risoluzione extragiudiziale delle dispute contrattuali in conformità alle presenti Condizioni Generali di Vendita (ADR). Il Venditore specifica se intende ricorrere a tali organismi per la risoluzione della controversia.

11.4 Resta comunque il diritto dell'utente Consumatore di rivolgersi al tribunale competente per le controversie relative alle presenti Condizioni Generali di Vendita, indipendentemente dall'esito della procedura extragiudiziale di risoluzione delle dispute secondo il Codice del Consumo. Inoltre, gli utenti residenti in altri stati membri dell'Unione Europea possono accedere al procedimento europeo per le controversie di modesta entità, come stabilito dal Regolamento (CE) n. 861/2007 del Consiglio dell'11 luglio 2007, purché il valore della controversia non superi 5000 euro, escluse spese, interessi e diritti. Il testo completo del regolamento è disponibile su http://www.eur-lex.europa.eu.

Art. 12 Customer service

12.1 For information, communications, assistance or complaints, you can contact the Seller at the contact details indicated in the Introduction or using the contact form that may be available on the Site.

12.2 The Seller undertakes to respond within a maximum of four days.

Attention: consumers are requested to review the text related to the Terms and Conditions in the original language (Italian) and translate it independently for any doubts. This will ensure that no misunderstanding arises due to our translation.

Product added to wishlist