TERMS & CONDITIONS
1.1 The terms and conditions listed below (“Terms and Conditions”) apply to all on-line sales of goods (collectively, “Products”) on the website www.musiccenter.it by Music Center Srl or any direct or indirect subsidiary of Music Center Srl (individually and collectively, “Seller”) to any person or entity (“Purchaser”).
1.2 All orders placed to the Seller shall imply the acceptance of such Terms and Conditions and of the Code of Ethics link, and shall be subject to those, unless differently agreed to in writing by the Seller.
1.3 Website owner is Music Center Srl, legal address: Via dell’Ora del Garda 19, 38121, Trento (TN) – Italy. VAT code: IT 02608340226.
2.1 The products displayed in the online store do not constitute a legally binding offer; they are merely a non-binding online catalogue of the range of products available.
2.2 Products are sold to the Purchaser, logged on the website, identified by the data and information provided upon registration on the website and during the order placement.
2.3 The purchase journey on the website allows to verify and modify the shopping cart and the shipping and payment information as necessary before finalizing the order placement. We kindly ask the Purchaser to carefully review the order along the purchase journey.
2.4 Once the order is placed, the Purchaser will get a confirmation email along with the respective order ID, which will enable us to assist the Purchaser in occasion of future communication regarding the specific order.
2.5 The order is to be considered officially accepted by the Seller when the email with the shipment confirmation is sent to the Purchaser.
2.6 The Seller reserves the right to refuse to accept an order because of stock unavailability, the detection of incorrect information regarding the product price or description, or the inability for the Seller to fulfil the shipment in due course.
If an order is not accepted, the Seller will inform the Purchaser in writing within 30 days from the order reception and refund the amount paid for the order.
2.7 Purchaser can be both Consumers (as defined by art. 18 of the Italian Consumer Code “any natural person who, in the commercial practices covered by this title, acts for purposes which do not fall within the framework of his commercial, industrial, craft or professional activity”) and Businesses (as defined by art. 2082 of the Italian Civil code “someone who carries out a professionally organized business activity for the purpose of producing or exchanging goods or services”).
2.8 Sale of Products on the website www.musiccenter.it is intended for individual customers of 18+ years age.
2.9 The Purchaser is required to provide the necessary data to fulfil the order, such as name or denomination, type of client (i.e., Private or Company), VAT identification number when applicable, invoicing address, shipping address, e-mail address, phone number and any other information necessary to the Seller to finalize the order fulfilment according to applicable law. Existing clients, in case of any change in information as stated above, shall update the information on the website, in the My Account area, before the Seller processes new orders.
2.10 Purchaser shall not fill in false information during registration, order placement or in any other communication. Th Seller reserves the right to sue for any violation or abuse.
2.11 Accepting such Terms and Conditions, the Purchaser exempts the Seller from any responsibility arising from issuing erroneous invoices and other documents due to erroneous information or data provided by the Purchaser, who remains the sole responsible for the correct information to be provided.
3.1 Images of Products on the website www.musiccenter.it have illustrative purpose only. Therefore, the Seller is not responsible for potential discrepancy of graphic representation of Products displayed on the website www.musiccenter.it if due to such technical reasons.
3.2 In case of discrepancy between image and product description, product description shall prevail.
3.3 Products on the website www.musiccenter.it fall within 2 categories:
- Available products: Products can be purchased promptly (the product family “Pads”, given the breadth and high rotation of items, may be subject to stock reassortment technical time);
- Products available upon request: Purchaser may contact the Seller by filling in the contact form at this link contact us for further information on potential reassortment timing, prices or alternative products.
4.1 All prices on www.musiccenter.it are VAT included. In default mode, for unlogged navigation, prices are displayed inclusive of Italian VAT unless otherwise specified by the Seller.
Prices shown to logged users:
| Company customers | Private customers | ||
| Registered in Italy | Prices include VAT | Registered in Italy | Prices include VAT |
| Registered in other country | Netto price | Registered in an EU country | Prices includes local VAT |
| Registered in a non-EU country | Netto price | ||
Prices of Products as well as shipping costs are subject to change at any time without notice. Price validity always refers to the prices displayed on the website when the order is placed.
4.2 Prices and shipping costs, unless otherwise specified by the Seller, do not include duties and any other import taxes, commissions or fees, which are due by the Purchaser when receiving the Products.
4.3 Purchaser shall verify the final price before placing an order to verify the final order price including the applicable VAT, which is subject to change if the registration country is different from the shipment country.
5.1 Purchase price as well as the consideration for additional services are to be paid in advance, unless otherwise specified by the Seller.
5.2 The accepted payment methods are: PayPal, Mastercard, Maestro, Visa, V-Pay, JCB, UnionPay, Google Pay, bank transfer (allowed only for orders above 2.000€).
Music Center reserves the right to re-charge to the Purchaser the fees related to the payment transactions. In case the electronic bank transfer is a payment method specifically accepted by the Seller, banking fees/expenses related to the transaction shall be entirely borne by Purchaser. The order will only be processed once the payment has been received in the Seller’s bank account.
5.3 If the Purchaser, for any reason, decides to return the goods after receipt of the shipment (see point 8 “Right of withdrawal”), upon successful completion of the return procedure (see point 10 “Return procedure”) the Seller will authorize the financial intermediary to reimburse the applicable amount on the same payment method used for the original transaction by the Purchaser.
5.4 The information relating to the Purchaser’s credit cards used for the payments are transmitted through encrypted protocol directly to the merchant or financial institution. Such information is not stored in the Seller’s database.
5.5 Under no circumstance the Seller can be held accountable for fraudulent use of credit card information by third parties.
6.1 The Seller currently ships to the following countries: all EU countries, USA, Switzerland, Australia, Great Britain, Japan. For enquiry about delivery outside the above listed countries, please contact us here.
As shipping destination for web orders, it is also possible to select our shop located in via dell’Ora del Garda 19 38121 TRENTO (TN) - ITALIA. In this case the order needs to be paid with the same methods allowed for any other web order and cannot be paid at our shop, which serves only as a collection location.
6.2 Shipping costs vary according to the destination country, to the weight and to the size of the products included in the order. The final shipping costs are visible on the View cart page, once the Purchaser has indicated the shipping address.
6.3 The Seller aims at delivering all confirmed orders as soon as possible, no later than 30 days after order receipt.
6.4 Shipment will be performed through one of the main couriers through traceable delivery. The Purchaser will receive an email from the courier with the link for the shipment tracking as soon as the parcel has been collected by the courier. Shipment time may vary depending on the destination. The Seller shall have no liability for any delay in shipment or delivery unless such delay is due to negligence or willful misconduct.
6.5 Products will be shipped to the shipping address specified upon order placement.
6.6 Delivery occurs without pre-agreement on date and time, unless agreed upon by the Purchaser directly with the courier.
7.1 Discount codes issued by Music Center may be applied at check-out; the order amount will be updated at that stage of the purchase journey.
7.2 Discount codes may not be cumulated, unless otherwise specified.
8.1 Only in case the Purchaser is a Consumer and not a Business (see point 2.7), such Purchaser has Right of Withdrawal, as per art. 52 et seq. of the Legislative Decree 206/2005 (so-called Consumer Code), without penalties and without the need to provide explanation, notifying in written to the Seller within a time limit of 14 days. This time limit begins from the day the Purchaser receives the Products as stated by the delivery confirmation from the courier.
8.2 To exercise the right of withdrawal, the Purchaser must send the Seller a written communication within 14 days from the date of product delivery, as confirmed by the courier. This can be done using the form at this link, or by emailing web@musiccenter.it, or by sending a registered letter with return receipt. The subject should read: "Exercise of the Right of Withdrawal".
The communication must explicitly declare their intention to withdraw and provide the following additional information: purchase order number and purchase date; name and address of the Purchaser; an email and phone number of the Purchaser and the identification code of the purchased item(s) for which the right of withdrawal is being exercised. Upon receipt of this communication, the Seller will provide instructions for the return of the Products (see point 10 “Return procedure”)
8.3 Reimbursement will be hold until Products are returned to the Seller warehouse.
8.4 In case of return in the exercise of the right of withdrawal, shipping will be on Purchaser’s charge, who is responsible in case of any damage or loss occurring to the shipment until the Products are received by the Seller.
8.5 Reimbursement occurs within 14 working days from the day the Products are well received by the Seller. The reimbursement amount becoming visible on the Purchaser’s account may vary depending on external factors not under the Seller’s responsibility. Reimbursement will be made in the same currency as the original purchase and in the same payment method used for the original transaction. Reimbursement refunds only the price of the returned goods, not covering any shipping cost or other duty, which will stay solely on Purchaser’s charge.
8.6 In accordance with art. 59, paragraph 1, letter d and e, of the Legislative Decree 206/2005 (so-called Consumer Code), the right of withdrawal is excluded in relation to:
- Products manufactured based on a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements;
- Sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery (i.e., Instruments and accessories getting in touch with saliva or ears such as reeds, mouth-pieces, flutes, ear-phones, head-phones, etc.);
- Sealed software once opened after delivery.
8.7 The Purchaser will be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary to verify the conditions, features and functioning of the goods.
9.1 Upon receipt of the Products, the Purchaser shall check the following:
- The packaged is undamaged and unopened;
- The number of items corresponds to the items indicated in the order confirmation;
- The items correspond to those indicated in the order confirmation.
9.2 Damaged goods: the Seller will take charge of retrieving such products and send replacement within the shortest time possible.
It is recommended to thoroughly inspecting the goods upon receipt in order to detect any transportation damage. Should the Purchaser notice any imperfections in the parcels or any damage, it is necessary to report it to the courier directly, and if it is the case, insist on having a declaration stating that the parcel has arrived damaged. If this documentation is not delivered, refuse the goods. The assessments of the damage must always be communicated to the Seller within the following 24 hours by filling in the form link and are the only way to be able to attribute the damage to the transport company, in order to subsequently request a refund.
9.3 Erroneous delivery of products: the Purchaser shall notify the Seller as soon as possible, in any case no later than 14 days from products receipt, filling in the form at this link. The Seller will arrange for the collection of the incorrect products and send the correct items in the shortest possible time. The Purchaser is obligated to return the incorrect products; if the Purchaser fails to return the products, the Seller will charge the Purchaser for the price of the non-returned products.
9.4 Non-compliant products: the Purchaser shall notify the Seller as soon as possible, in any case no later than 14 days from products receipt, filling in the form at this link. The Seller will take charge of retrieving such products and send the correct items within the shortest time possible.
9.5 Return of products will not be accepted without prior authorization by the Seller.
10.1 Return procedure implies respecting the following conditions:
- Products are whole and unused (excluding cases relative to Point 9.2, 9.3 and 9.4);
- Products must be returned complete of their components and accessories (including Instruction manuals, where applicable);
- Products must be returned in the original packaging.
The Seller reserves the right to refuse the acceptance of returned products not complying with the above-listed conditions.
10.2 Returning of products shall be shipped to:
MUSIC CENTER SRL
VIA DELL’ORA DEL GARDA 19
38121 - TRENTO (TN) - ITALIA
11.1 Pursuant to the Legislative Decree 206/2005 (so-called Consumer Code), all Products sold on the website www.musiccenter.it offer legal guarantee as follows:
a) 24 (twenty-four) months from the receipt of the Products if the Purchaser is a Consumer;
b) 12 (twelve) months from the receipt of the Products if the Purchaser is not a Business (subject to the notification by the Purchaser within 8 days from the day the issue is detected).
12.1 The Seller will use Purchaser’s personal data only for the purposes for which they are provided, in compliance with the Privacy Policy available on the website. The Purchaser is requested to consult the Privacy Policy as it contains important information on this subject.
13.1 Registration, password and safety. If the Purchaser opens an account on www.musiccenter.it will be held responsible for preserving the confidentiality of username and password, as well as all the activities conducted on the website. The Purchaser shall notify immediately to the Seller in case any unauthorized use of the www.musiccenter.it website is discovered or suspected.
13.2 Commitment:
13.2.1 The Purchaser confirms that: (a) all information is truthful, accurate and updated. To update or amend any personal information the Purchaser shall contact the Seller at the e-mail address web@musiccenter.it; (b) the Purchaser will respect the restriction on the use of the website as set in the Terms and Conditions.
13.2.2 The Purchaser accepts to: (a) not use the website for illegal purposes and to not interrupt, damage or jeopardize the functionality of the website; (b) not access or violate accounts relating to other Purchasers and to not violate the safety measures of the website.
13.2.3 The Purchaser accepts to indemnify the Seller in case: (a) the Seller will face legal pursuit as a consequence of violation of such Terms and Conditions by the Purchaser; and/or (b) the Sellers acts with negligence or harmful purpose in the use of the website.
13.3 Rights:
13.3.1 The Seller reserves the right to suspend, limit or terminate the access to the website or to parts of the website at any moment without prior notification.
13.3.2 The Seller is sole owner or licensor of the design, content and software of the website. The use of the www.musiccenter.it website does not grant any right relating to the Seller’s intellectual property or third parties’ intellectual property relative to the website.
13.3.3 It is not allowed to copy, replicate, republish, download, transmit, record, exploit, modify or distribute web pages or any material displayed on the web site, or the item codes displayed on the website (unless for internal use).
13.3.4 Any use of the website different from the allowed utilization strictly requires preventive and explicit consent by the Seller.
14.1 The Purchaser acknowledges, accepts and consents that all communication, notifications and documents will be sent on the e-mail address indicated during the registration on the website (or to the updated email, if previously communicated to the Seller), and can be downloaded on data storage supports to the extents foreseen by the Privacy Policy of Music Center Srl.
15.1 The place of jurisdiction shall be the Court of Trento for commercial matters. The contractual relationship shall be governed exclusively by Italian law.
16.1 The Seller can modify or amend the present Terms and Conditions at any moment without prior notification. Therefore, the Purchaser is required to accept the Terms and Conditions valid at the date of the order placement. Any modification or update on Terms and Conditions will become valid from that date onwards, without retro-activity on previous orders.