Terms of sale

1. Definitions

To allow a complete understanding and acceptance of the terms and conditions, the following terms, in the singular and the plural, will have the meaning indicated below:

• Owner:: Francesco Morone, via Jesi, 340, Osimo (An) Italy – C.F. MRNFNC56H06E435G, Partita IVA 02421640428, e-mail address contact@francomorone.it;
• Application: the website https://www.acousticguitarworkshops.com, managed by the Owner, who offers https://www.acousticguitarworkshops.com/shop;
• Products: the products and services provided through the Application;
  
• User: the subject accessing the Application, without distinction of legal nature and purpose pursued, interested in the Products offered through the Application;
  
• Consumer: a natural person acting for purposes extraneous concerning commercial, craft or professional business carried out;
• Conditions: this contract governing the relationship between the Owner and the Users and the sale and delivery of the Products offered through the Application.
  

2. Stipulation, conclusion and effectiveness of the Conditions

The purchase contract of the Products is concluded by the exact compilation and submission of the order form. This form contains the details of the purchaser and the order and the price of the product purchased. Any additional accessory charges. Terms and conditions of payment. The timing for the performance of the Product. The address where to deliver the Product. The time of delivery and the existence of the right of withdrawal and consent to the processing of personal data.

When the Owner receives from the User, the order provides for sending a confirmation e-mail or the display of a web page confirming and summarizing the order, printable, which will also contain the data recalled in the previous point.

The Owner may modify or update, in whole or in part, these Conditions. The User acknowledges and agrees that any changes to these Conditions will apply to orders sent by Users after the date of notification of changes to the Conditions. The User is therefore assigned to view the Conditions for each access to the Application and advises to print a copy for future reference.

3. Registration

To be able to use some features of the Application, Users must register by providing, truthfully and ultimately, all the data requested in the relevant registration form and accept the privacy policy in full (https://www.acousticguitarworkshops.com/en/privacy-policy ) and these Conditions. The User must keep his access credentials.

It is clear that under no circumstances may the Data Controller be held liable in the event of loss, dissemination, theft or unauthorized use by third parties, under any title, of the Users’ access credentials.

4. Account cancellation and closure

Registered users may interrupt the use of the Products at any time and disable their accounts or request their cancellation through the Application interface, if possible, or by sending a written notice to the e-mail address amministrazione@acousticguitarworkshops.com.

5. Purchases on the Application

The purchase of one or more products through the Application is allowed both to Users who have the quality of Consumers, and Users who do not have this quality.

Under art. 3, I comma, lett. a) of the Legislative Decree 206/2005 (“Consumer Code”), it is recalled that natural persons who, about the purchase of the Products, act for purposes unrelated to any business, commercial, professional or craft activity carried out, are Consumers’ quality.

To natural persons, the purchase is allowed only on condition that they have completed the eighteen years.

The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Application and the actual Product may be highlighted. Furthermore, any photographs of the Products present on the Application do not constitute a contractual element, as they are the only representative.

The User expressly attributes to the Owner the right to accept even partially the order placed (for example in the case in which there is no availability of all the Products ordered). In this case, the contract will be considered fulfilled with the Products sold.

The holder reserves the right to refuse an order:

1. when the Product is not available;
2. when the authorization to debit the cost of the Product to the User is denied;
3. as for the moment of purchase, a price that is wrong and easily recognizable. In this case, the User transaction will be refunded.
   

6. Prices and payments

The Owner reserves the right to modify, at any time, the price of the Products and any shipping costs of the same. It is clear that any changes will not prejudice the contracts already concluded before the change.

The sales prices of the Products are inclusive of VAT, if due; any other tax and shipping cost charged to the User is indicated before confirming the purchase.

The User undertakes to pay the price of the Product purchased in the times and methods indicated in the Application and to communicate all the data necessary to make the correct supply of the Products possible.

Any refund to the User will be credited promptly by one of the methods proposed by the Owner and chosen by the User and, in case of exercise of the right of withdrawal, at the latest within 30 days from the date on which the User became aware of the retreat.

The Application uses third-party tools for processing the payment and does not in any way come into contact with the payment details provided (credit card number, the name of the cardholders, password, etc.)

Should such third-party tools deny payment authorization, the Owner cannot deliver the Products and will not be liable for any delay or a non-delivery.

7. Billing

The user who wishes to receive the invoice will have to supply info for billing information. The information provided must be guaranteed to be true by the User, and the Owner will not have any further indemnity in this regard.

8. Method of delivery of material products

Material Product means any goods provided on material support offered through the Application.

The Owner will send the ordered material to the address indicated by the User, in the way chosen by the User or suggested in the Application at the time of purchase. The delivery will take place in the terms indicated in the order confirmation.

Upon receipt, the User is required to verify the conformity of the Product delivered with the order placed; only after this verification will it be possible to proceed with the signing of the delivery documents, without prejudice to the right of withdrawal.

If an order exceeds the quantity existing in the warehouse, the Owner, through e-mail, will notify the User if the Product is no longer bookable or what are the waiting times to obtain it, asking if it intends to confirm the order or not.

The Owner assumes no responsibility for the delay or non-delivery of the Product attributable to force majeure such as accidents, explosions, fires, strikes and lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute in the agreed time.

The Owner will not be responsible to any party or third parties regarding damage losses and costs incurred as a result of failure to execute the contract for the causes as mentioned above, having the User entitled only to the return of the price eventually paid.

9. Delivery of Digital Products and Services

By digital product, we mean any good in digital format not provided on material support.

Service means the commitment to perform a function in favor and on behalf of the User.

The Owner will provide the products and times for the exam or in the order response. If the title is delivered by e-mail to the User, with the indication to provide the product or its start to the service or the reasons that make the service itself definitively impossible.

If the User does not intend to accept the new term or the service has become impossible,  he can request a refund. The due amount will be credited promptly by one of the methods proposed by the Owner and agreed by the User. In case of exercising the right of withdrawal, the reimbursement will start by  30 days from the date on which the Owner became aware of the termination.

Except as expressly provided for by the Owner in the previous points, to be explicitly referred to herein, the same undertakes to supply the Product with the utmost diligence, good faith, and correctness.

10. Right of withdrawal of material products

The User who holds the status of consumer and who for any reason is not satisfied with the purchase made of Material Products has the right to withdraw from the contract, without any penalty and without specifying the reason within 14 days from the date of delivery of the Product.o.

It is clear that the right of withdrawal referred to in the previous paragraph is excluded in the following cases:

supply of sealed audio or video recordings that have been opened or used after delivery;

The Owner will reimburse to the User in the same payment methods used by the User for online purchase.

The User is responsible for the integrity of the Product as long as the same asset is in its possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible conditions, including the original packaging not damaged, any separate items and any other components. The Product must not have been subjected to manipulation other than that necessary to establish the nature, characteristics, and functioning of the Product.

The Owner will not consider refund requests if the returned Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear.

11. Right of withdrawal of digital products and services

The User, who for any reason is not satisfied with the purchase of Digital Products (not provided on a material support) or services can withdraw from the contract within the term of 14 days from the day of conclusion of the deal, by sending a written communication to e-mail address contact@francomorone.it including the identification details needed to identify the purchase.

The User, who for any reason is not satisfied with the purchase of Digital Products (not provided on a material support) or services can withdraw from the contract within the term of 14 days from the day of conclusion of the deal, by sending a written communication to e-mail address contact@francomorone.it including the identification details needed to identify the purchase.

The Owner will reimburse the price of the Product in the same payment methods used by the User.

12. Optional form to exercise the right of withdrawal

Facultatively, the User can withdraw using the following form, which must be completed in its entirety and sent to the e-mail address amministrazione@acousticguitarworkshops.com, before the expiry of the withdrawal period:

With this form, I communicate the withdrawal from the contract of sale relating to the following good /services:________

Order number:_________

Ordered on:__________

Name and Surname:________

Address:________

E-mail associated with the account from which the order placed:________

Date:________

13. Guarantee of conformity

All products that fall within the category of “consumer goods,” as governed by art. 128, paragraph 2 of the Consumer Code, sold through the Application are covered by the legally binding compliance required by Articles. 128-135 of the Consumer Code.

The legal guarantee of conformity is reserved for Consumers. Therefore, it is applied only to Users who purchased through the Application for purposes unrelated to business, commercial, craft or professional activity carried out.

To those who have purchased on the Application and which do not hold the quality of Consumers will be applied the guarantees for the defects of the thing sold, the warranty for quality defects promises essential and the other guarantees provided by the Civil Code with the related terms, lapses and limitations (articles 1490 and following of the Civil Code).

The lack of conformity that occurs within 24 months from the date of purchase of the product must be reported within two months from the date of discovery of the defect.

Unless proved otherwise, it is presumed that the conformity defects that occur within six months from the delivery of the Product already existed on that date, unless this hypothesis is not incompatible with the nature of the Product or with the kind of the lack of conformity. After six months, the User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.

Under art. 130 of the Consumer Code, in case of lack of conformity of the Product the User, has the right to restore the compliance of the Product, without expenses. To this end, the User can generally choose between the distribution of the Product or its replacement. This right of choice can not be exercised if the remedy requested is objectively impossible or excessively burdensome. Furthermore, the User is entitled to an appropriate reduction of the price or the termination of the contract, only if one of the following situations occurs: I) repair and replacement are impossible or excessively burdensome; II) the owner has not repaired or replaced within a reasonable period; III) the replacement or repair has caused considerable inconvenience to the consumer.

If the User intends to take advantage of the remedies provided by the legal guarantee accompanying the Products, he must contact the owner at the e-mail address contact@francomorone.it. The Holder will promptly reply to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to be followed, also taking into account the product category to which the Product belongs, and the defect reported.

14. Contents sent by Users

The User can upload on the Material Application and comments related to the tangible/intangible products (hereafter “Contents”), provided that the Contents are not illicit: that is, obscene, intimidating, defamatory, pornographic, abusive, or of any illegal title, or violates the privacy, the intellectual or industrial property rights of the Owner and/or third parties. The content must not be otherwise harmful to the Owner or third parties or depleting and do not contain viruses, political propaganda, commercial solicitations, and mass email or any other form of spamming.

The User is entirely and exclusively responsible for the use of the Application. (To be understood concerning the functions of publication, consultation, management of Content and contact between Users). Therefore he is the only guarantor and responsible for the goods and services offered as well as the correctness, completeness, and legality of the Contents and their behavior in the context of the contact between Users.

In the case of publication of comments, the User guarantees the availability or ownership of the goods/service object of the same ads. The User also ensures that its contents do not infringe any copyright or industrial property rights or other third party rights. In case of dispute by third parties regarding any Content or conduct linked to it, the User assumes full responsibility and undertakes to keep the Owner harmless and harmless from any damage, loss or expense.

The owner, although not able to ensure a constant control over the contents received, has the right to cancel, move, modify those that, at its discretion and justification, appear illicit, abusive, defamatory, obscene or detrimental to the right of author and trademarks or in any case unacceptable. The use of violent language will be grounds for immediate suspension and expulsion from the Application.

It is forbidden to use an email address that is not owned by the User, to use the personal data and credentials of another User to appropriate his identity or otherwise declare the false origin of the Contents.

It is expressly forbidden unless explicitly authorized by the Owner:

• the use of automatic ads loading systems, except those expressly authorized;
• Serial publication and management of advertisements, for third parties with any means or modality;
• resell the services of the owner to third parties.

About the Content sent, the User, therefore, renounces any material and moral rights that he can claim as an author even concerning the changes made by the Owner to such Content and if the changes are not accepted or accepted by the author. They will not be returned and will remain the property of the Owner, who therefore remains exempt from any liability towards Users for the loss, modification or destruction of the Content itself.

The User also warrants that the Contents are sent to the Application through his account by more than age. For minors, the submission of Content must be screened and authorized by the parent parental authority.

15. Industrial and Intellectual Property Rights

The Owner declares to be the holder and licensee of all the intellectual property rights related to and related to the Application and the material and contents available on the Application.

These Terms do not grant you any license to use the Application and individual Contents and materials available there unless otherwise regulated.

All trademarks: ‘figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos’ that appear in the Application and remain the property of the Owner or its licensors and are protected by the laws in force on the marks and from the relative international treaties.

Any reproduction in any form of the explanatory texts and the contents of the Application, if not authorized, will be considered violations of the owner’s intellectual and industrial property rights.

16. Warranty exclusion

The Application is provided “as is” and “as it is available” and the Owner provides no explicit or implicit guarantee in relation to the Application, nor does it provide any assurance that the Application will meet the Users’ requirements or that it will never interrupt or it will be error-free, or that will be free of viruses or bugs.

The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but cannot in any way be considered responsible if, for any reason, the Application is not available and operative at any time or any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons unrelated to the will of the Owner or due to force majeure events.

17. Limitation of Responsibility

The Owner can not be held responsible towards the User, except in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside the control of his own or his sub-suppliers.

The Owner will not be liable for any losses or costs incurred by the User as a result of the non-execution of the contract due to causes not attributable to him since the User is only entitled to any full refund of the price paid and any accessory charges incurred.

The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the services purchased, if it proves to have taken all the precautions possible based on the best science and experience of the moment and the basis of ordinary diligence.

The User undertakes to indemnify and hold harmless the Owner, as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners, and employees. The User undertakes to indemnify from any obligation or responsibility, including any legal expenses incurred to defend oneself in court, which may arise in the event of damage caused by other Users or third parties, about the Uploaded Content or the violation of the terms of the law or the terms of these Conditions.

Therefore, the Holder will not be responsible for:

1. any losses that are not a direct consequence of the violation of the contract by the Owner;
2. any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not exhaustively, market losses, loss of revenues, income, profits or expected savings, loss of contracts or business relations, loss of reputation or goodwill value, etc.);
3. incorrect or unsuitable use of the Application by users or third parties;
4. the issuance of wrong tax documents due to errors in the data provided by the User, since the latter is solely responsible for the correct entry.

In no case may the Owner be held liable for a sum higher than twice the cost paid by the User.

18. Major force

The Owner can not be held responsible for the failure or delayed fulfillment of his obligations, due to circumstances beyond the reasonable control of the Owner due to events of force majeure or. However, to unforeseen and unpredictable events and, in any case, independent of the will, such as, by way of example, failures or interruptions to telephone or electrical lines, to the Internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of third-party products, services or applications.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.

The Owner will perform any act in its power to identify solutions that allow the proper fulfillment of its obligations despite the persistence of events of force majeure.

19. Link to third-party sites

The Application may contain links to third-party sites. The Owner does not exercise any control over them and, therefore, is not in any way responsible for the contents of these sites.

Some of these links may refer to third-party sites that provide services through the Application. In these cases, the individual services will be applied to the general conditions for the use of the site and for the service prepared by third parties, for which the owner assumes no responsibility.

20. Withdrawal

No withdrawal by each party of an article of these Conditions will be effective unless expressly declared to be a waiver and be communicated in writing.

21. Invalidity of individual clauses

If any provision of these Conditions is found to be illegal or invalid, it will not be considered as part of the Conditions, and this will not affect the remaining requirements that will continue to be valid to the fullest extent permitted by law.

22. Privacy

The protection and processing of personal data will be by the Privacy Notice, which can be consulted on the pagehttps://www.acousticguitarworkshops.com/en/privacy-policy/

23. Applicable law and competent court

These Conditions and all disputes concerning performance, interpretation, and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is located. The applied law is the one where the selling company is located.

24. Online dispute resolution for consumers

The consumer residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve in a non-judicial manner any dispute relating to and deriving from contracts for the sale of goods and services stipulated on the network. In this case, the Consumer can use this platform for the resolution of any dispute arising from the online contract stated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/

These conditions were drafted on 01 Jan 2019.