Dear client,
the hereby general Conditions of Sale are intended to discipline the downloading
of the songs who have chosen among the ones available on the website
www.italymusic.net that is owned by “Maffucci Music”, a illimited company run by
Mr. Canio Rosario Maffucci (the “Service”). These Conditions of Sale are in
accordance with the Italian Civil Laws that protect the e-commerce consumers (moreover:
D.LGS 70/03, Dlgs. n. 185/00, Dlgs. n. 50/92) and also in accordance with the
Laws on Privacy that protect your personal data (L. n.675/96 and since Jan, 1 st
2004 the Italian Legislative Decree 196/2003). We invite you to give attention
to the following conditions, in order to know your rights as stated and
recognized by the Italian Laws. We underline that the service we offer is based
on the exclusive sale of the music we produce, and not on the sale of songs of
which we don't have the property (we ever are the ownner, or the co-owners of
the masters, and the publishers of the first publications). Therefore, even if
complying with all the e-commerce laws, we do no aim to act like a businesses of
mere commerce, but we represent a Label and a Publishing firm concerned with its
own phonographic-publishing productions and comply with all the obligations and
the duties stated by Italian laws (civil, tax and copyright ones). Furthermore,
we remind you that, by using the Service, you are kindly invited to respect the
General Conditions of Sale.
1. Subjects of the contract and data entries correctness.
The hereby general Conditions of Sale discipline the contract between Maffucci
Music, established in Parco Cicoira snc, 83045 Calitri (AV) Italy, VAT No.
IT02069120646 and Firm Register at Chamber of Commerce of Avellino no. 135789,
owner of the label italymusic.net (since now called “italymusic.net” or “Service”)
and any client (since now called “Client”) who uses the Service throughout this
website corrisponding to the URL: http://www.italymusic.net. The Client obliges
himself to insert corretc, true and full data as required by the contract, being
responsible for the eventual damages due to the uncorrectness of them. In
accordance with the art. 7, comma 1, lett. C of the Legislative Decree no.
70/03, we indicate the whole information enabling you to quickly, directly and
efficiently contact and communicate with italymusic.net: italymusic.net c/o
Maffucci Music, Parco Cicoria snc – 83045 Calitri (Av) Italy. Mail address for
any further inquiry: customerservice@italymusic.net.
2. The Object of the Service.
Thanks to our Service every Client will be able to download the selected
recorded music available on www.italymusic.net by paying the price indicated
beside the selected songs and videoclips or the selcted cd and dvd. Italymusic.net
might use third parties companies to manage part of the Service for purposes of
music encoding, hosting and secure transactions through Banks or other Financial
Institutions in order to give warranty about the security of the financial
transactions running, etc. The use of the Service presumes that the Client holds
appropriate hardwares devices and legal softwares for the use of the Service.
The lack of such requirements will consist in the inability to use the Service,
without any responsibility of italymusic.net. Detailed information about the
hardwares and softwares needed to listen to the music are supplied in the
following page “FAQ-Frequently Asked Questions”.
3. Contract conclusion.
By clicking on the icon representing the shopping cart, the Client selects the
songs he wants to buy. By clicking on the bottom “Buy” the Client (if not yet
authenticated) is addressed to the page where he must make the Log in, and so
after he can express his intention to buy by clicking on the bottom “BUY”. On
the next page the Client will be able to pay the songs, by credit card or other
means of payment as indicated on the website. The right to download the songs
arises in the moment that the credit card data are correct and accepted for
payment. Therefore you have to remind to insert correct and full credit card
data. Once you have clicked again on the bottom “SEND THE ORDER” the contract is
concluded and full executed. The email address, required to make the Log in, is
strictly necessary in order to sign the contract and to use the Service. In fact
italymusic.net will send to the Client's mail all the needed info,
communications and the invoice for the total amount paid. The insertion of the
mail address implies that the Client has approved the above conditions and has
given his full agreement (also in accordance with art. 13- Dlgs 196/300) to
receive any following news from italymusic.net. These news are meant to
guarantee the best use of the Service and to satisfy the Client and, with
further Client consents, to send new offers and promotions from italymusic.net
4. How to download and to store music.
Once arranged the payment, the system will supply a unique link to the download
page. Once the file has been downloaded, it will be stored in your PC as any
other MP3, WMA or multimedia file and it will be possible to listen to it by a
common MP3 Player or by any other standard Windows Media Player. We remind you
that the download must be made by the fixed deadline indicated by the system (30
days from the purchase date). During such a period the Client will be allowed to
make a limited number of the file download, and precisely 5 (five). As soon as
the download is processed, the system will send the Client the license, and
since that moment he will gain the right to transfer the selected song to his
compatible players, or to masterize it all the times he wants. We also remind
you that the mastering and the download are recognized only for exclusive
private and personal use, in all other cases the breech of this rule will
trespass the civil and penal laws related to such a contract.
5. Price transparency
The prices are those indicated on the website at the moment you send the order
and they are intended VAT included. The prices set by ItalyMusic.net can be
modified at any time without any advance notice.
6. Payment
The Client payment will be made by one of the means of payment indicated on the
website. Italymusic.net accepts all kind of payments as indicated on the
website. The credit card payment' s security is guaranteed by Banca Sella
S.p.a., the european leader in the area of on-line transactions security. The
Banca Sella's System encrypts the information, in a way it guarantees the
safety and the privacy of the entered data. The credit card payment security is
guaranteed by Banca Sella: the management and the conclusion of the financial
transaction is directly made on the Banca Sella's server. Such mean of payment
enables the credit card intitler to supply is own sensible data (eg. no. of the
card, expiration date, name, etc) directly to the bank and not to the virtual
shop or the service provider which run it. In fact, such solution guarantees in
the while the Client confirms is intention to pay by card he is addressed to the
payment page resident on the secure BANCA SELLA'S server, where he is requested
to supply all sensible data related to the card. The Bank furthermore sends such
data to the international authorization circuits of each credit card issuer and
brings back the result of the transaction to the original site. If you desire
further information about the payment security please visit the site
www.bancasella,it. The Client obliges himself to notify ItalyMusic.net of any
eventual claims related to the debits by 60 days since the debit receipt date.
Failing such notification by the indicated terms the Client will automatically
renounce to make any claims.
7. The right to terminate the contract
As per the D.Lgs. n. 185/99 the Client is not allowed to terminate the contract
if he has started the download of the song.
8. Download interruption.
In the case of download interruption, if the downlad page is still open the
Client must only click again on the file link. Alternatively he could rejoin the
site and, through his own account, he could get to his purchase history in order
to access to the page of his purchase details where he will find the link for
the download of the file. If there are further difficulties in the downloading
process, the Client would send a mail to the address
customerservice@italymusic.net. Such communication must be sent as soon as
possible and anyway must be received by italymusic.net by 8 days from the
purchase, otherwise the Client loses the right to get the download.
9. Liabilities.
The Service is supplied as it is without any guarantee and its own feature
depends on the Client's correct use of it. ItalyMusic.net will be responsible
for late or wrong service only in the case of gross neglicence or wilful
miscounduct directly due to ItalyMusic.net behaviour. ItalyMusic.net does not
give any guarantee, nor expressly nor implicitly, about the records ability to
be commercialised, or to be used for particular purposes, nor about the perfect
functionality of the Service . The whole risk for the use of the Service is run
by the Client. In no case italymusic.net can be considered responsible for
consequent, incidental, occasional, extraordinary, indirect damages, or any
other damage like as loss of profits, interruption of a business, crash of a PC,
harware or software damages, data loss or any other damage suffered by the
Client in connection with the use of the Service or due to the Client inability
to correctly use the Service. Italymusic.net will not be responsibile for any
damage occured to the Client also in the case where the Service would have been
advised about the possibility such damages could occure. ItalyMusic.net does not
make any control on the songs available by using the Service and doesn't
guarantee such records are safe to be offensive, hurful, obscene, foul,
slandering or anyway illegal or not third parties rights' compliant.
ItalyMusic.net could not ever be considered responsible for the material
acceeded through the Service, even if such material has been artistically
produced by the same firm. If one or more songs are damaging someone we kindly
invite you to communicate us at info@italymusic.net, taking care to point out
which is the presumed cause of such damage. Since now we thanks everyone will
cooperate in such activity because it is not our intention to preserve immoral
behaviours knowing they are damaging third parties. We reserve to evaluate, at
our discretion, the recommendations you will kindly send us.
10- Title of the rights
The property, the rights to use and get profit by trade, and anyway any other
right related to the Service or referred to the Service, are and will remain
exclusive pertinences and ItalyMusic.net' exclusive rights as per the title
deed. The Service is protected by the actual Italian laws, by the publishing
rules and by any other applicable rule. The Client has the right to master the
songs donwloaded one a time, when this is agreed with the people holding that
song's rights, and anyway the Client can master it with the lonly purpose to
make of it his own exclusive personal and private use.
11. Client obligations
The Service is supplied only for the explicit authorised use and in connections
with products, softwares or any other means which the Client has got the right
to use of. Particularly, the Client who is due to assure to hold the title of
every right, patent or other license necessary to use the Service is forbidden:
(i) to modify, translate, distribute or create works derived from the Service;
(ii) to copy or re-destribute the Service; (iii) to remove property notices or
labels which identify the Service; (iv) to modify, un-assemble or alterate in
any way and by any means the Service; (v) to use the Service in a way to violate
the intellectual property rights of the authors, producers and of the other
subjects intitled of rights on the songs. The Client obliges himself to not use
the Service in a way contrary to netiquette, to not make any spamm and to not
disturb third parties. The Client obliges himself to relieve italymusic.net from
any cost, damage or charge due to the use of the Service contrary to the present
Contract. The use of the Service is strictly personal and can not be destinated
to commercial purposes. It is forbidden to use the Service to supply a further
own service or part of it or an application of it or part of an application of
it. The Service is protected by the actual laws protecting the copyright and the
intellectual property. It is not allowed the distribution or the transfer of the
Service to third parties. The Client accepts to relieve Italymusic.net, its own
directors,managers or staff, from any loss, damage, responsibilitie, negative
consequence or charge related to every claim against the Client due to the
Client illegal behaviours connected to the use of the Service, its products or
materials, violeting the applicable laws, the third parties rights or the terms
of the Contract.
12- Information about further services
In order to inform the Clients about new services and promotions, ItalyMusic.net
could send newletters, if the Clients has flagged the related space indicated on
the purchase pages. If you do not desire to receive such mails you can decide to
not flag the related space or, if you have already flagged it, you can ask to
end the Service, in any time you want, by emailing to
customerservice@italymusic.net.
13.Privacy
The Law n. 675/1996 and, since 1st of Jan 2004, the Italian Legislative Decree
n. 196/03, protect the privacy of Personal Data. In compliance with such laws,
you can ask to read your personal data as recorded and stored by ItalyMusic.net
and ask for their modification or cancellation. The purposes and the terms to
use your personal data and all other usefull information , in accordance with
such laws, are explained you when you register your e-mail address., when you
also give your consent on such terms and to use your protected data.
14. General Conditions storage
In order to use the Service, you must have carefully read the hereby General
Sale Conditions: the use of the Service implies you have read them and pursuant
to all what is stated in them you have totally accepted them. The Clients is
obliged to store such Sale Conditions, as soon as ended the process to use the
on line Service, in order to totally satisfy what is required by L. n. 185/99.
15. Applicable law and forum
The online purchases, processed on the website italymusic.net will be subject to
the Italian laws. Any claims related to the legal validity, the interpretation
and the execution of the purchases, made on the website italymusic.net, is
subject to the jurisdiction of the forum of S.Angelo Dei Lombardi (AV).
16. Express acceptation of some contract clauses.
The Client declares to have read with particular attention and to specially
approve the following clauses of the General Sale Conditions: n.1 (Obligations
of the Client to enter correct and full data and the related liability); n.3
(Obligation of the Client to enter correct and full data and the interruption of
the execution of the contract); n. 8 (deadline for the notification of the
impossibility to make di download); n. 9 (limits to the Service liability); n.
10 (contents of the Client right to make masters); n. 11 (Obligations of the
Clients); n. 15 (forum).
Privacy-Art. n. 13 D.Lgs 196/03 “Personal Data Protection”
We inform you that your data will be used for the purpose to execute the
contract, and only after your expressed consent, for commercial and/or marketing
purposes. Such data will be treated manually or by telematic/informatic means
and following logics strictly correlated to their purposes. The data consent is
facultative but needed to conclude the contract; the reject of it will imply the
impossibility to get the Service. Your mail address will be used to send you
newletters related to our products or services. Such data could be communicated
to third componies for economic purposes (trade, marketing, maintenance, IT
maintenance, assurance, bank intermediations, factoring, delivery, packaging and
mailing) or to honour laws requirements (accountants/ law offices etc.). Data
will not be popularized. Data will be known by the responsibles for data
treatment (in and out the Service, as indicated later), the responsibile, as
well as the Maffucci Music's owner, M.ro Canio Rosario Maffucci. You could
refer (by fax or mail) to the Privacy Service, in the care of data treatment
responsible, in order to verify, get integrations, update or modify your data
and to exercise all your rights, in compliance with the art. 7 Dlgs. 196/03. In
particular, through the Privacy Service, you could always and freely make
oppositions in any time to the use of your mail address for the direct sale or
marketing activities. We inform you the address of Data Treatement Responsibile
is: Maffucci Music, Parco Cicoira snc-83045 Calitri (AV). Mail to:
customerservice@italymusic.net
|
