Terms and conditions

AGREEMENT BETWEEN THE PARTIES FOR THE PURCHASE OF GOODS

The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The goods covered by these general conditions are offered for sale by FP AUDIO SOLUTIONS di Freddi Mauro based in Castenedolo via Patrioti n° 31 / C, registered within the Brescia Chamber of Commerce under n° 563993 of the Business Register, tax code FRDMRA85M01B157S VAT n° IT03799940980 hereinafter referred to as “Supplier”

1) DEFINITIONS
1.1 The term “online sales contract” means the sales contract relating to movable tangible goods produced by the Supplier, stipulated between him and the Buyer as part of a remote sales system through telematic tools, organized by the Supplier.
1.2 The term “Buyer” means the consumer who is a natural person who makes the purchase, referred to this contract, for purposes not related to any commercial or professional activity carried out.
1.3 The term “Supplier” means the person indicated in the epigraph or the person providing the information services.
2) OBJECT OF THE CONTRACT
2.1 With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the movable tangible assets indicated and offered for sale on the website www.jadfreeraudio.com via telematic tools.
2.2 The products referred to the previous point are illustrated on the web page: www.jadfreeraudio.com/prodotti/
3) METHOD OF STIPULATION OF THE CONTRACT
The contract between the Supplier and the Buyer is concluded exclusively through the internet by accessing the Buyer at www.jadfreeraudio.com, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods referred to point 1 of the previous article.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online or with the compilation of the form / form attached to the online electronic catalog at the address www.jadfreeraudio.com/cart/ and the subsequent submission of the form / module itself, always after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the purchased goods, the shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2 When the Supplier receives the order from the Buyer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, in which the data recalled at the previous point are also reported.
4.3 The contract is not considered perfected and effective between the parties if what is indicated in the previous point does not occur.
5) METHOD OF PAYMENT AND REFUND
5.1 Any payment by the Buyer can only be made by one of the methods indicated in the appropriate web page by the Supplier.
5.2 Any refund to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in case of exercising the right of withdrawal, as governed by clause 13 point 2 and following of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal itself.
5.3 All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information as an additional layer of security and encryption in accordance with the provisions of current legislation on protection of personal data.
6) DELIVERY TIMES AND METHODS
6.1 The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to point 4.2.
6.2 Shipping times may vary from the day of the order to a maximum of 8 working days from the confirmation of the order. In the event that the Supplier is unable to ship within this deadline but, in any case, within that indicated in the following point, the Buyer will be promptly notified by e-mail.
6.3 Shipping methods, times and costs are clearly indicated and well highlighted at www.jadfreeraudio.com.
7) PRICES
7.1 All sale prices of the products displayed and indicated on the website www.jadfreeraudio.com/prodotti/, are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
7.2 The sale prices, referred to the previous point, include VAT and any other tax. Shipping costs and any additional charges (eg customs clearance), if any, although not included in the purchase price, are charged to the Buyer.
7.3 The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.8) AVAILABILITY OF PRODUCTS
8.1 The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay.
8.2 If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable and what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
8.3 The computer system of the Supplier confirms the successful registration of the order as soon as possible by sending you a confirmation by e-mail, according to paragraph 4.2.
9) LIMITATIONS OF LIABILITY
9.1 The Supplier assumes no responsibility for disservices attributable to force majeure, if he fails to execute the order within the time stipulated in the contract.
9.2 The Supplier shall not be liable to the Buyer, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or its sub-suppliers.
9.3 The Supplier will also not be liable for damages, losses and costs suffered by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to the full refund of the price paid and not any ancillary charges incurred.
9.4 The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if he proves to have adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.5 In no event shall Buyer be liable for any delay or disruption in the payment if he proves that he made the payment in the same time and manner specified by the Supplier.
10) DEFECT LIABILITY, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: THE SUPPLIER’S OBLIGATIONS.
10.1 The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow to consider the product as defective.
10.2 No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.3 In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
10.4 The injured party can claim compensation for damage caused by death or personal injury or destruction or impairment of property other than the defective product, provided they are of a type ordinarily intended for private use or consumption, and so mainly used by the injured.
10.5 The damage to property referred to art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
11) GUARANTEES AND ASSISTANCE METHODS
11.1 The Supplier is liable for any lack of conformity that occurs within two years of delivery of the goods.
11.2 For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and the public statements on the specific characteristics of the goods made by the seller, the producer or his agent or representative , in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer and that both the use has been brought to the attention of the seller at the time of the conclusion of the contract and that the seller himself has also accepted for conclusive facts.
11.3 The Buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The report is not necessary if the seller has recognized the existence of the defect or has concealed it.
11.4 In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
11.5 In the event of a lack of conformity, the Purchaser may request, alternatively and at no cost, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or it is prohibitively expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6 The request must be sent in writing to the Supplier, by registered letter with return receipt, which will indicate its willingness to proceed with the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, if the Supplier has accepted the Buyer’s request, he must indicate the method of shipping or returning of the goods as well as the deadline for the return or replacement of the defective goods.
11.7 If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, he may request, at his choice, a reasonable reduction in the price or the termination of the contract. The Buyer will then have to send their request to the Supplier, who will indicate their willingness to act on the same, or the reasons that prevent him from doing so within seven working days of receipt.
11.8 In the same communication, if the Supplier has accepted the Buyer’s request, he must indicate the proposed price reduction or how to return the defective goods. In such cases it will be the Buyer’s responsibility to indicate how to re-credit the sums previously paid to the Supplier.

12) BUYER’S OBLIGATIONS

12.1 Buyer agrees to pay the price of the purchased goods in the time and manner specified in the Contract.
12.2 The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
12.3 The information contained in this contract were, however, already examined and accepted by the Buyer, who acknowledges, as this step is mandatory before the purchase confirmation.
13) RIGHT OF WITHDRAWAL
13.1 The Buyer has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 10 (ten) working days, starting from the day of receipt of the purchased goods. The items for which it intends to exercise the right of withdrawal must be returned to the Supplier under the same wear and storage conditions in which they were received by the Buyer.
13.2 In the event that the Seller has not fulfilled the information requirements about existence, mode and time of return or collection of the goods in case of exercising the right of withdrawal under Art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and runs from the day of receipt of the goods by the consumer.
13.3 If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt. to the address “FP AUDIO SOLUTIONS di Freddi Mauro – Via Patrioti, 31 / C – 25014 Castenedolo (BS) – ITALY” or by e-mail to the e-mail info@jadefreer.net, provided that such communications are confirmed by sending recommended a / R at the address “FP AUDIO SOLUTIONS of Freddi Mauro – Via Patrioti, 31 / C – 25014 Castenedolo (BS) – ITALY” within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be authentic between the parties. For the purposes of exercising the right of withdrawal, the sending of the communication can validly be replaced by the return of the purchased good, provided that it is within the same terms. The delivery date to the post office or forwarder will be valid between the parties.
13.4 The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
13.5 The Buyer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly (newspapers, periodicals and magazines) as well as goods whose price is linked to fluctuations in financial market rates that the Seller is unable to control and in any other case provided for by art. 55 of the Consumer Code.
13.6 The only expenses payable by the consumer for exercising the right of withdrawal in accordance with this article is the direct cost of returning the goods to the Supplier, unless the Supplier do not agree to pay them.
13.7 The Supplier will refund the full amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
13.8 Upon receipt of the communication by which the buyer notifies the exercise of the right of withdrawal, the parties of this contract are dissolved by mutual obligations, except as provided in the preceding paragraphs of this Article.
14) CAUSES FOR RESOLUTION
14.1 The obligations referred to point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the resolution of contract, law pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.
15) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER’S DATA
15.1 The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 2003 June 30, n ° 1961.
15.2 The personal and fiscal data acquired directly and / or through third parties by the Supplier are collected and processed in paper, computerized, telematic form, in relation to the processing methods with the aim of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best perform the requested service (Article 24, paragraph 1, lett . b, Legislative Decree no. 196/2003).
15.3 The Supplier undertakes to treat as confidential data and information provided by the Buyer and not to disclose to unauthorized persons, nor to use them for purposes other than those for which it was collected or to transmit them to third parties. Such data may only be exhibited at the request of the judicial authority or other authorities authorized by law.
15.4 Personal data will be disclosed, after signing a data confidentiality commitment, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5 The Buyer enjoys the rights referred to art. 7 of Legislative Decree 196/03, namely:
the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed;
c) certification that the operations referred to letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part:
i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
15.6 The disclosure of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, the Buyer’s request cannot be processed.
15.7 In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
15.8 The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser can address any request at the company headquarters.
15.9 Anything sent to the mail address (including electronic) of the Center (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case the Center cannot be attributed any responsibility for the content of the messages themselves.

16) ARCHIVING METHOD OF THE CONTRACT
16.1 Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Buyer that each order sent is stored in digital / paper form on the server / at the Supplier’s headquarters, according to criteria of confidentiality and security.

17) COMMUNICATIONS AND COMPLAINTS
17.1 Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: “FP AUDIO SOLUTIONS di Freddi Mauro – Via Patrioti, 31 / C – 25014 Castenedolo (BS) – ITALY” or sent by e-mail at the following address info@jadefreer.net. The Buyer indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Supplier’s communications to be sent.

18) SETTLEMENT OF DISPUTES
18.1 All disputes arising from this contract will be referred to the Brescia Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
18.2 If the Parties intend to appeal to the ordinary judicial authority, the jurisdiction is that of the place of residence or the elective domicile of the consumer, mandatory pursuant to art. 33, 2nd paragraph, letter u) of Legislative Decree n° 206/2005.
18.3 As required by Regulation 524/2013 / EU “Consumer Information”, it is possible to use the ODR platform prepared by the European Commission.

19) APPLICABLE LAW AND REFERENCE
19.1 This contract is governed by Italian law.
19.2 Although not expressly provided here, the applicable laws and regulations apply to the relationships and cases provided for in this contract, and in particular art. 5 of the Rome Convention of 1980.
19.3 Pursuant to art. 60 of Legislative Decree 206/05, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/05 is expressly referred to here.

20) FINAL CLAUSE
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.