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sale conditions

Conditions of sale
Conditions of Sale Notice for Little Music Shop di Boatti Stefano - Conditions of Sale for the E-commerce (Shopping) Area)


Dear Customer,

We wish to inform you of our General Conditions of Sale, which fully comply with the fundamental requirements of:

• Directive 97/7/EC, The European Directive on Distance Selling and DL 185/1999 (its Italian version);
• The EC Directive of 4 May 2000 on E-Commerce.

Little Music Shop di Boatti Stefano may update or modify these general conditions at any time.

As the Consumer, you are responsible for printing and keeping these general conditions once your on-line purchase has been concluded.

1. PURPOSE OF THE ON-LINE CONTRACT AND ITS DEFINITION
An on-line sales Contract is a distance sale, i.e., a legal transaction involving chattel goods entered into by the supplier, Little Music Shop di Boatti Stefano, with headquarters at Via G. Galilei no. 14, 20091 Bresso, Milan, Italy, and a Consumer Customer in the context of a distance sales system developed by the suppler that, per the Contract, uses a distance sales technology called the "Internet" or fax. For this reason, all Contracts will be concluded directly through the Consumer Customer's access to the Internet site at http://www.littlemusicshop.it, http://www.littlemusicshop.eu or http://www.lm-shop.com where, the Contract to purchase the goods will be concluded by following the indicated procedure.

2. SALES PRICES AND PURCHASE METHOD
All sales prices for the products displayed on the Internet site http://www.littlemusicshop.it, which constitute an offer to the public under article 1336 of the Italian Civil Code, include VAT and all other taxes (except where explicitly state otherwise). When the Customer will be charged for shipping expenses, they will be clearly displayed before the order is perfected. The purchase Contract is perfected by filling out the order and giving on-line consent or by signing the electronic order form on the site http://www.littlemusicshop.it. There is no minimum order requirement. The Customer can pay for the goods ordered using the payment services indicated on-line at the time of the purchase.

3. EXECUTION OF THE CONTRACT AND DELIVERY METHOD
Little Music Shop di Boatti Stefano will ship the products ordered by the methods in the preceding article by registered mail, express courier and/or trusted freight forwarders or, in its unquestionable judgment, directly by the company itself.

3.1
Delivery times will never exceed those required by article 6 of DL 185/1999. Delivery date means the date of the courier's first attempt to delivery the goods to the address (understood as the main entrance of the building and not the private dwelling), even if not successful due to the addressee's absence or refusal of the goods.

3.2
If the goods are found to be defective, or not conforming to the Contract, within 7 days of delivery, the Consumer has the right to request that Little Music Shop di Boatti Stefano replace the goods or, if the case, the cancellation of the Contract. However, the Consumer has the burden of proving that the defect existed at the time the Contract was concluded, so long as the defect emerges within six months of delivery. Any defects must be reported within 3 days of their discovery on pain of nullity. Where Little Music Shop di Boatti Stefano is at fault, it will pick-up the product at its own care and expense after providing a mandatory return goods number. Little Music Shop di Boatti Stefano reserves the right to charge the Customer for any expenses incurred when, in contradiction to the Customer's claims, the goods are found to be complete and in good working order or without the defect claimed upon delivery.

4. PRODUCT AVAILABILITY
The site is programmed to fill Customer orders immediately and so the Customer will not experience useless waiting times; in fact, the site indicates the availability of products in the catalogue in real-time. If an order exceeds the quantity in the warehouse, the computer system only allows the quantity available to be put in the shopping cart, purchased and delivered within the guaranteed times.

5. LIABILITY
Little Music Shop di Boatti Stefano will not be liable for the loss or damage of the goods after they are handed over to the carrier for delivery. For this reason, if the Customer receives damaged goods, or asks that they be returned to the carrier, all claims must be made to the carrier. The carrier will also be responsible for delays in delivering the goods to the addressee. In the case of obvious damage, the Customer is responsible for noting the damage at the time of redelivery, on pain of nullity. In the case of partial loss or a defect not recognizable at the time of redelivery, the Customer must report the damage as soon as he becomes aware of it and no later than eight days from receipt (article 1698 of the Italian Civil Code). Likewise, Little Music Shop di Boatti Stefano will not be liable for the fraudulent and illegal use, by third parties, of credit cards, checks or other payment means at the time products are purchased since it does not know the information transmitted directly to the operator of the banking service or the operator of the credit card service.

6. PURCHASER'S OBLIGATIONS
Once the on-line purchase procedure is completed, the Consumer is responsible for printing and keeping these general conditions that, moreover, he will already have seen and accepted before the purchase, as well as the specifications of the product purchased and this for the purpose of fully satisfying the conditions of articles 3 and 4 of DL 185/1999.

6.1
Little Music Shop di Boatti Stefano may update or modify these general conditions at any time and will give notice of it through the normal communication channels on the site. Whenever these general conditions are changed, the Consumer is responsible for printing and keeping them.

6.2
The Purchaser is absolutely prohibited from entering false, invented or imaginary information during the registration procedure necessary for activating and executing this contract and subsequent communications; names, telephone numbers, street and e-mail addresses must be the Customer's real personal information and not those of third parties, or imaginary. It is expressly prohibited to create more than one account for the same person or to enter the personal information of third parties. Little Music Shop di Boatti Stefano reserves the right to take legal action against any abuse, in the interest, and for the protection, of all Consumers.

6.3
The Customer indemnifies Little Music Shop di Boatti Stefano and holds it harmless from any liability deriving from the emission of incorrect tax documents due to errors in the information provided by the Customer, since he is the only one responsible for its correct entry.

7. PROVIDING PERSONAL INFORMATION AND ITS HANDLING
The personal information is collected for purposes, and by the methods, indicated in the privacy notice on the site at http://www.littlemusicshop.it and, in any case, with the express authorization of the Customer and recorded and kept in his personal record.

8. RIGHT OF WITHDRAWAL
A Consumer who is not satisfied with his purchase may withdraw from the Contract, without penalty or the need to give a reason, within 10 days from the receipt of the goods. Only Consumers may exercise this right and is not applicable to goods purchased for business or professional purposes, using a VAT number on the order form or, in any case, made by businesses, companies, associations or any other type of organization. The Consumer may not exercise this right for purchase Contracts involving sealed products that he has opened. As an exception to DL 185/1999, Little Music Shop di Boatti Stefano will allow the Consumer to exercise the right of withdrawal by fax (+39 02.665.04.044), telegram or e-mail sent to info@littlemusicshop.it, followed, within 48 hours, by a registered letter with return receipt; a brief comment about the reason would be appreciated but is not required. To facilitate the return of the goods, the withdrawing Customer will be sent a returned goods number by e-mail. This number facilitates tracking the returned goods and communication between the Customer and Little Music Shop di Boatti Stefano. The Customer is responsible for all shipping expenses to return the goods, which will be sent using its own shipper within 10 working days of the return authorization to the address indicated by Little Music Shop di Boatti Stefano, along with the returned goods authorization that will be send to the Customer from the e-mail address info@littlemusicshop.it. It remains understood that the Customer is solely responsible for the transports risks to return the articles. All products must be returned in their original condition and with the original, or equivalent, packaging intact. The returned product must also contain all the documentation that was originally provided with it. Articles that do not meet these conditions will not be accepted and will be temporarily kept at Little Music Shop di Boatti Stefano awaiting pick-up. When Little Music Shop di Boatti Stefano accepts returned merchandise, it reserves the right to verify that it was returned in its original condition and intact packaging. It is recommended that the original product package be packed inside another for shipment so that the original package will not be written on or have labels affixed to it. Only under these conditions, will the entire amount paid by the Consumer be refunded as required by law. Little Music Shop di Boatti Stefano will refund the amount by check or bank wire transfer; the Customer may provide the bank routing information for an account in the same name as the name on the invoice Little Music Shop di Boatti Stefano will refund the amount due. The right of withdrawal is void if the essential condition that the goods are in their original condition (packaging and contents) is not satisfied and, in that case, Little Music Shop di Boatti Stefano will ascertain: the absence of the original external/internal packaging; the absence of parts of the product; product damage not related to transport. If this right is void, Little Music Shop di Boatti Stefano will return the purchased goods and charge the purchaser for shipping costs.

9. RETURNS OF NONCONFORMING PRODUCTS
In the case where the Customer, using the methods in the preceding point of these general conditions, declares that the products are defective or do not conform to the order, Little Music Shop di Boatti Stefano will pick-up and replace the product at its own care and expense. When the product claimed to be defective is not returned in its original condition, i.e., well-preserved, not used, in its original packaging, including booklets and not missing any parts, but, instead, is returned missing even one of these essential elements, Little Music Shop di Boatti Stefano will consider the purchase of the good by the Customer to be perfected. When, contrary to the Customer's claims, the product is found to conform to its description and be complete and operational, Little Music Shop di Boatti Stefano will consider that the purchase of the goods by the Customer has been perfected. In either case, the Customer may make an appointment to pick-up the product at Little Music Shop di Boatti Stefano, or it can be shipped back to the Customer, who will be charged the shipping costs; Little Music Shop di Boatti Stefano reserves the right to charge the Customer for the cost of inspecting the product.

10. AUTHORIZATIONS
When the Customer enters bank or credit card information in the space provided on the web site of the bank payment or credit card payment site, he authorizes Little Music Shop di Boatti Stefano to use that bank, credit card or other credit card information provided to replace it, to debit the Customer's current account in favor of Little Music Shop di Boatti Stefano, for the total amount shown as the "on line" purchase cost. The whole procedure is performed over a secure connection to the operator of the "on line" payment service to which Little Music Shop di Boatti Stefano does not have access. If the Consumer makes uses of the right of withdrawal, as explained in point 8 of these general conditions, the reimbursement amount will be credited to the same credit card, when payment was made in that way, or by check or bank wire transfer.

10.1
By filling out the Customer information record in the registration procedure that is required for activating this Contract and subsequent communications, the Customer authorizes Little Music Shop di Boatti Stefano to provide his non-sensitive personal information (home address, telephone number, etc.) to the suppliers of the products, couriers and/or shippers used for the delivery of the purchased goods for use in their delivery procedures.

10.2
By filling out the Customer information record in the registration procedure that is required for activating this Contract and subsequent communications, the Customer authorizes Little Music Shop di Boatti Stefano to send him information strictly related to the products and services provided by the site http://www.littlemusicshop.it and by the entire network that is part of the site http://www.littlemusicshop.it.

11. CONTRACT CANCELLATION AND EXPRESS
CANCELLATION CLAUSE

Little Music Shop di Boatti Stefano has the right to cancel the Contract simply by notifying the Customer and explaining the reason; in that case, the Customer is only entitled to the return of any sums already paid. The obligations that the Customer assumes in point 6 (Purchaser's Obligations), as well as the guarantee of the successful outcome of the payment made by the Customer in article 2, have an essential character and so, it is expressly agreed that the Customer's failure to fulfill even one of these obligations will result in the cancellation of the Contract by right under article 1456 of the Italian Civil Code, without the need for a judicial sentence except for the right of Little Music Shop di Boatti Stefano to sue for compensation for additional damage.

12. GOVERNING LAW AND COMPETENT JURISDICTION
Any disagreement regarding the application, execution, interpretation and violation of the on-line purchase Contracts concluded through the site http://www.littlemusicshop.it will be subject to Italian law and jurisdiction; for anything not expressly covered here, reference is made to the combined dispositions of DL 50 of 15 January 1992 and DL 185 of 22 May 1999. If the Customer resides in Italy, the district court where he is domiciled will be competent to settle disagreements over this Contract; for all other Customers, it is agreed that the Court of Voghera (PV) will be competent to settle all disagreements.

delivery

ITALY
There are three options for shipments in Italy: priority mail, registered mail or SDA Express Courier. When shipments are sent by priority mail, Poste Italiane is not able to track them or provide proof of delivery. However, if you choose registered mail, you can track your registered package at www.sofipost.it; packages sent by SDA Express Courier can also be tracked at www.poste.it or by called 199-116699 (please contact Poste Italiane for information about the cost of the call). In addition, SDA Express Courier guarantees the following delivery times: 1 working day (after the day of shipment, excluding Saturdays, Sundays and holidays) for the entire peninsula, plus 1/2 working days for the Islands and Calabria (except for, Lampedusa, Linosa, Montecampione (Artogne), Monte Isola, Tonale, Valvestino Turano, Campitello Matese, San Massimo, Gamberale, Giuliopoli, Tremiti, Giannutri, Giglio, Ponza, Ventotene, Capraia, Pianosa, Gorgona, Alicudi, Filicudi, Lipari, Panarea, Salina, Stromboli, Vulcano, Ustica, Civitella Casanova, Favignana, Levanzo, Marettimo, Pantelleria, Sauris and the minor islands of the Venetian Lagoon, where delivery will be made 2-3 working days after the day of shipment). Rates are calculated based on the weight of the goods in the shopping care, plus the weight of the packing materials (which are already included in the rate). In particular, shipping costs for Priority Mail from 0 to 125g (the maximum weight) will be € 3.00. Registered mail from 0 to 250 g is € 5.00; 251 to 350 g is € 6.00; 351 to 800g (maximum weight) is € 8.00. Purely by way of example, if your shopping cart contains one CD, you will be charged € 3.00 for Priority Mail; € 5.00 for registered mail. And so on.
SDA Express Courier, on the other hand, applies a single rate for all of Italy of € 10.00, VAT included, up to a maximum weight of 3000g, which cannot be exceeded.
Finally, only for residents of the City of Milan (not the Province) there is an express delivery service with a fixed cost of € 5.00, VAT included, up to a maximum weight of 1500 g, which cannot be exceeded.
In short, the purchase procedure will automatically propose the rates for the contents of your shopping cart and you will be able to chose the shipper you prefer.
For any questions, please write to us using the addresses on the “Contacts” page of the site.
REST OF THE WORLD Our products can be shipped anywhere in the world by one of two international shippers: registered mail with return receipt or SDA Express Courier/Fed Ex . If you choose the first, you can track your registered package (only as far as the Italian border) at www.poste.it; in the second case, you can track your shipment, also at www.poste.it, but for its entire trip. SDA Express Courier also guarantees the following delivery times: 1 working day in the European Union (except Cyprus, Estonia, Latvia, Lithuania, Malta, Slovakia and Slovenia), 2 working days in the USA and Canada and 2-4 working days in all the other countries covered by the service (and in any case, not including the day of shipment, Saturdays, Sundays and holidays). For both registered mail with return receipt and express courier, the cost is based on the weight of the goods, plus the weight of the packing materials (already included in the rate). The transport costs will also vary by the delivery zone of your country. In particular, for registered mail with return receipt from 0 to 250 g, the shipping costs are € 7.00 in zone 1, € 8.50 in zone 2 and € 9.00 in zone 3; from 251 to 350 g, € 8.00 in zone 1, € 9.50 in zone 2 and € 10.00 in zone 3; from 351 to 1000 g, € 10.50 in zone 1, € 13.50 in zone 2 and € 16.50 in zone 3; from 1001 to 1500 g (maximum weight), € 16.50 in zone 1, € 21.50 in zone 2 and € 26.50 in zone 3. The rates and zones are published at www.poste.it. Purely by way of example, if you put two CDs in your shopping cart, shipping will be: € 7.00, if your country is in zone 1; € 8.50, if your country is in zone 2; € 9.00 if your country is in zone 3. And so on. On the other hand, express courier from 0 to 500 g costs € 23.50 in zone 1, € 23.50 in zone 2, € 43.00 in zone 3, € 23.50 in zone A, € 33.00 in zone B, € 39.50 in zone C, € 35.00 in zone D and € 56.00 in zone E; from 501 to 1000 g, € 30.50 in zone 1, € 26.00 in zone 2, € 49.00 in zone 3, € 26.50 in zone A, € 37.50 in zone B, € 43.50 in zone C, € 40.00 in zone D and € 66.00 in zone E; from 1001 to 1500 g, € 32.50 in zone 1, € 30.50 in zone 2, € 51.00 in zone 3, € 31.50 in zone A, € 46.50 in zone B, € 47.50 in zone C, € 50.00 in zone D and € 78.00 in zone E; from 1501 to 2000 g, € 34.50 in zone 1, € 35.50 in zone 2, € 53.00 in zone 3, € 36.50 in zone A, € 55.50 in zone B, € 56.50 in zone C, € 59.00 in zone D and € 90.00 in zone E; from 2001 to 2500 g, € 36.00 in zone 1, € 38.50 in zone 2, € 61.00 in zone 3, € 41.00 in zone A, € 63.50 in zone B, € 65.00 in zone C, € 68.50 in zone D and € 102.00 in zone E. If you would like to know the zone of your country, send an e-mail to: info@littlemusicshop.it. Purely by way of example, if you put one, two, three or four CDs in your shopping cart, shipping will be: € 23.50, if your country is in zone 1 or 2; € 43.00, if your country is in zone 3; € 23.50 if your country is in zone A. And so on. In short, the purchase procedure will automatically propose the rates for your country's zone and the weight of the contents of your shopping cart; at that point, you will be able to choose the shipping method you want. For any questions, please write to us using the addresses on the “Contacts” page of the site.

formality of payment

The forms of payment accepted are: credit cards issued by members of the Visa and MasterCard networks, including rechargeable cards issued through the Visa Electron network; Paypal; postal wire transfer to current account no. 000081471385, CIN: R, ABI: 07601, CAB: 01600 (IBAN: IT29R0760101600000081471385 - BIC / SWIFT: BPPIITRRXXX): Little Music Shop di Boatti Stefano, Via Galilei, 14 – 20091 Bresso, with the order number in the reason field*; bank wire transfer to current account no. 100000000235, CIN: U, ABI: 03069, CAB: 32623 (IBAN: IT62U0306932623100000000235 - BIC / SWIFT: BCITITMM326): Little Music Shop di Boatti Stefano, Via Galilei, 14 – 20091 Bresso, with the order number in the reason field*; COD ORDERS NOT ACCEPTED

Forms of COD payment marked with an (*) will be delayed because the goods will not be shipped until payment is received.
For any questions, please write us using the addresses in the “Contacts” section of the site.

Che cos'è PayPal

straight of recess

8. RIGHT OF WITHDRAWAL
A Consumer who is not satisfied with his purchase may withdraw from the Contract, without penalty or the need to give a reason, within 10 days from the receipt of the goods. Only Consumers may exercise this right and is not applicable to goods purchased for business or professional purposes, using a VAT number on the order form or, in any case, made by businesses, companies, associations or any other type of organization. The Consumer may not exercise this right for purchase Contracts involving sealed products that he has opened.

As an exception to DL 185/1999, Little Music Shop di Boatti Stefano will allow the Consumer to exercise the right of withdrawal by fax (+39 02.665.04.044), telegram or e-mail sent to info@littlemusicshop.it, followed, within 48 hours, by a registered letter with return receipt; a brief comment about the reason would be appreciated but is not required. To facilitate the return of the goods, the withdrawing Customer will be sent a returned goods number by e-mail. This number facilitates tracking the returned goods and communication between the Customer and Little Music Shop di Boatti Stefano.

The Customer is responsible for all shipping expenses to return the goods, which will be sent using its own shipper within 10 working days of the return authorization to the address indicated by Little Music Shop di Boatti Stefano, along with the returned goods authorization that will be send to the Customer from the e-mail address info@littlemusicshop.it. It remains understood that the Customer is solely responsible for the transports risks to return the articles.

All products must be returned in their original condition and with the original, or equivalent, packaging intact. The returned product must also contain all the documentation that was originally provided with it. Articles that do not meet these conditions will not be accepted and will be temporarily kept at Little Music Shop di Boatti Stefano awaiting pick-up.

When Little Music Shop di Boatti Stefano accepts returned merchandise, it reserves the right to verify that it was returned in its original condition and intact packaging. It is recommended that the original product package be packed inside another for shipment so that the original package will not be written on or have labels affixed to it.
Only under these conditions, will the entire amount paid by the Consumer be refunded as required by law.
Little Music Shop di Boatti Stefano will refund the amount by check or bank wire transfer; the Customer may provide the bank routing information for an account in the same name as the name on the invoice Little Music Shop di Boatti Stefano will refund the amount due.

The right of withdrawal is void if the essential condition that the goods are in their original condition (packaging and contents) is not satisfied and, in that case, Little Music Shop di Boatti Stefano will ascertain: the absence of the original external/internal packaging; the absence of parts of the product; product damage not related to transport.

If this right is void, Little Music Shop di Boatti Stefano will return the purchased goods and charge the purchaser for shipping costs.

guarantee of compliance

Products Guarantee

In the case where the Customer, using the methods in the preceding point of these general conditions, declares that the products are defective or do not conform to the order, Little Music Shop di Boatti Stefano will pick-up and replace the product at its own care and expense. When the product claimed to be defective is not returned in its original condition, i.e., well-preserved, not used, in its original packaging, including booklets and not missing any parts, but, instead, is returned missing even one of these essential elements, Little Music Shop di Boatti Stefano will consider the purchase of the good by the Customer to be perfected. When, contrary to the Customer's claims, the product is found to conform to its description and be complete and operational, Little Music Shop di Boatti Stefano will consider that the purchase of the goods by the Customer has been perfected. In either case, the Customer may make an appointment to pick-up the product at Little Music Shop di Boatti Stefano, or it can be shipped back to the Customer, who will be charged the shipping costs; Little Music Shop di Boatti Stefano reserves the right to charge the Customer for the cost of inspecting the product.

privacy

DECR.LGS PRIVACY N.196/2003

Little Music Shop

This is to inform you that Privacy Act 196 dated June 30th 2003 protects people from the processing of their personal details; according to the law, personal details can only be processed in fairness, legitimacy and transparency while protecting the person’s privacy and rights.
We hereby inform you that we will collect your personal details for establishing and/or fulfilling our mutual agreement; and therefore, pursuant to art. 13 of Act 196/03, please note:
  1. Your personal details will be processed in connection with the requirements of the agreement and for the fulfilment of any associated obligation, as well as for the successful management of our mutual agreement; in particular, for:
    1. Fulfilling legal formalities as required by any civil, tax and accounting regulation;
    2. Administrative management of the agreement;
    3. Fulfilment of the agreement;
    4. Record management;
    5. Communications, mails and faxes
  2. Personal details will be processed and stored by means of computer and/or paper media and systems in ways that will protect their integrity, security and privacy.
  3. The supply of such personal details is compulsory for the fulfilment of legal requirements and/or under the agreement; refusal to supply such personal details will result in the non fulfilment of the agreement/discontinuance of the relationship; the consequences of the non-supply of such personal details, unless due to legal requirements or under the agreement, shall be considered on a case-by-case basis;
  4. without prejudice to the communications sent pursuant to the law, such personal details may be sent to third parties that have been entrusted by us with specific tasks;
  5. the data processing holder is:
    Little Music Shop address:
    Via Galilei 14, 20091 Bresso (MI) ITALY | P.I. 02197850189 - holder’s name;
  6. the person responsible for the data processing is: Stefano Boatti e TradeDoubler Srl con sede in: via Melchiorre Gioia 70, 20125 Milano ITALY | P.I. 13246250156
  7. Personal details will be processed throughout the term of the relationship and thereafter, for the fulfilment of all legal formalities;
  8. You are entitled to assert your rights under art. 7 Act 196/2003 against the holder by written request.


Law decree no. 196/2003

  1. The person is entitled to obtain confirmation of the existence of his/her personal details, even if not recorded yet, and communication of such personal details in an understandable form.
  2. The person is entitled to be informed of:
    1. Source of his/her personal details,
    2. Purpose and methods of the processing;
    3. Rationale of the processing, if using electronic media;
    4. ID details of the holder, persons responsible and designated representatives, pursuant to article 5, paragraph 2;
    5. persons or categories of persons to which such personal details could be communicated or which can come into possession of such personal details as the designated area representatives, persons responsible or appointed persons.
  3. The person is entitled:
    1. to have his/her personal details updated, corrected or added to, if so interested;
    2. to have his/her personal details deleted, converted into an anonym form or blocked if processed in breach of the law, including personal details that do not have to be stored for the purposes for which such personal details have been collected or processed;
    3. to be certified that the operations under letters a) and b), including their contents, have been made known to those persons to whom the personal details have been communicated or disclosed, except in case such requirement should be impossible to fulfil or should involve means that are clearly disproportionate to the protected right.
  4. The person is entitled to partly or totally oppose to:
    1. for legitimate reasons, to have his/her personal details processed, even if relevant to the purpose of the collection of such details;
    2. to have his/her personal details processed for the sending of advertising materials or direct sales or for market surveys or sales materials.

Little Music Shop © 2010 all rights reserved | Via Galilei 14, 20091 Bresso (MI) ITALY | P.I. 02197850189
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