These conditions are valid exclusively between Ester Barkovic's company Internetbusiness - VAT number 13612951007, REA (RM) 1461513, hereinafter referred to as Dvdland and any person who makes purchases online on the website www.dvdland.it. hereinafter referred to as '' CLIENT ''. These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the www.dvdland.it site, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree n. 21/2014 and by Legislative Decree 70/2003 concerning electronic commerce.
ARTICLE 1 - OBJECT OF THE CONTRACT
With these general sales conditions, Dvdland.it sells and the CUSTOMER remotely purchases the movable tangible assets indicated and offered for sale on the website www.dvdland.it. The contract is concluded exclusively through the internet, through the CUSTOMER access to www.ero and the realization of a purchase order according to the procedure provided by the site itself.
Before proceeding to confirm their order, the customer undertakes to review these general sales conditions, in particular the pre-contractual information provided by dvdland and to accept them by affixing a flag in the indicated box.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general sales conditions, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 - PRECONTRACTUAL INFORMATION FOR THE CONSUMER - ART. 49 OF LEGISLATIVE DECREE 206/2005
The CUSTOMER before the conclusion of the purchase contract, examines the characteristics of the goods that are illustrated in the individual product data sheets at the time of the CUSTOMER's choice.
Before validating the order with "payment obligation", the CUSTOMER is informed about:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the deadline by which dvdland undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased; - conditions of after-sales assistance and commercial guarantees provided by.
The CUSTOMER may at any time and in any case before the conclusion of the contract, take cognizance of the information relating to dvdland, the geographical address, telephone and fax number, e-mail address, information that is reported, even below:
registered office Via Michele Rosi 333, 00050 - Rome
ARTICLE 3 - CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded with the sending by Dvdland to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of the present conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the aforementioned email and to promptly notify Dvdland of any corrections / changes to be made.
Dvdland undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the product shown on the site and the actual product may emerge. Furthermore, the photographs of the products presented on www.dvdland.it do not constitute a contractual element, as they are to be considered only representative.
ARTICLE 4 - AVAILABILITY OF PRODUCTS
Product availability refers to actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative as:
- the products could be sold to high CUSTOMERS before confirming the order, due to the simultaneous presence on the site of several users,
- an information anomaly could occur that would make a product available for purchase that in reality is not.
Even after sending the e-mail confirming the order sent by Dvdland, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the unavailable product or products and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will also be informed of the methods and timing of repayment of any amounts paid.
The availability date of the products is purely indicative, the actual availability date may vary by weeks or months, this depends on the availability of the producers / distributors. Dvdland is in no way responsible for variations, even significant ones, of the availability dates. By purchasing a product, even in cases of pre-order, you declare that you are aware that the delivery of the product may vary, even considerably, compared to the date indicated on the site.
ARTICLE 5 - PAYMENT METHODS
Any payment by the CUSTOMER can only be made using the credit cards indicated on the website www.dvdland.it, by bank transfer, with the Paypal payment method
In case of payment by credit card, the actual charge of the order amount will take place upon confirmation of the same.
In case of payment via Paypal when even just one product is not immediately available, we collect a payment not at the time of the order but we wait a few days (minimum 3) before collecting the payment to give you the opportunity to change your mind about your purchase. Once the charge is confirmed, it is no longer possible to refund payment. In the event that the customer changes his mind after the acceptance of the transaction, a voucher of the same amount can be provided
The communications relating to the payment and the data communicated by the CUSTOMER at the time this is carried out take place on special protected lines. Credit card payment security is guaranteed by VBV certification (Verified by VISA) and SCM (Security Code Mastercard).
ARTICLE 6 - PRICES
All the selling prices of the products indicated on the website www.dvdland.it are expressed in Euros and include VAT, and where applicable, the WEEE contribution.
Shipping costs are not included in the purchase price, but are indicated and calculated at the end of the purchase process before payment is made.
The CUSTOMER accepts the right of Dvdland to change its prices at any time, however the goods will be invoiced based on the prices indicated on the site at the time of order creation and indicated in the confirmation e-mail sent by Dvdland to the CUSTOMER.
In the event of a computer error, manual, technical, or any other nature that could result in a substantial change, not foreseen by Dvdland, of the sale price to the public, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days. from the day of cancellation.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying the reason, within a period of 14 days from the date of receipt of the products.
The CUSTOMER who intends to exercise the right of withdrawal must communicate it to Dvdland through an explicit declaration, which may be sent by registered letter to the a.r.
In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to Dvdland his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to Dvdland, Via Michele Rosi 333 - 00050 - Rome,.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Dvdland will refund the amount of the products subject to withdrawal within a maximum period of 14 days.
Regarding the return of the product subject to withdrawal, Dvdland guarantees its customers the possibility of using a carrier that has an agreement with the same. In the event that the customer decides to use this service, the shipping costs (except those related to the telephone booking) will be borne by Dvdland (art. 56 co.1 legislative decree 206/2005). On the other hand, if the customer intends to use another carrier or other means of shipping, all costs will be borne by him (art. 56 co. 2 legislative decree 206/2005).
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Dvdland may suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates to have sent the goods back to Dvdland.
Dvdland will make the refund using the same payment method chosen by the CUSTOMER during the purchase phase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide Dvdland, accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for the repayment to be made by Dvdland .
* It is understood that in the event of a product defect the shipping costs will in any case be borne by Dvdland.
ARTICLE 8 - LEGAL GUARANTEE OF CONFORMITY
In the event of receipt of defective products or in any case non-compliant with the orders placed, the CUSTOMER has the right to restore the cost of the product by repairing or replacing the product without charge. The CUSTOMER can exercise this right if the defect occurs within two years from the delivery of the goods and reports the defect to Dvdland within two months of its discovery.
ARTICLE 9 - COMMERCIAL GUARANTEE
To use the warranty, the CUSTOMER must keep the invoice.
ARTICLE 10 - DELIVERY METHODS
For every order placed on the website www.dvdland.it, Dvdland issues an invoice for the goods shipped. The invoice is available and printable, after the order is processed. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
ARTICLE 11 - RESPONSIBILITY
Dvdland assumes no responsibility for disruptions caused by force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet, in the event that it fails to execute the order within the time stipulated in the contract.
ARTICLE 12 - ACCESS TO THE SITE
The CUSTOMER has the right to access the site for consultation and for making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the related technology used remain the property of Dvdland and are protected by intellectual property rights.
ARTICLE 13 - COOKIES
The website www.dvdland.it uses "cookies". Cookies are electronic files that record information related to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc.) and that allow Dvdland to offer a personalized service to its customers.
Dvdland informs the Customer of the possibility of deactivating the creation of such files by accessing their Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ARTICLE 14 - INTEGRALITY
These General Terms and Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale are considered invalid or declared as such pursuant to the law, regulations or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 15 - APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are subject to Italian law.
Any dispute that does not find a friendly solution will be subject to the exclusive jurisdiction of the Court of the CUSTOMER's place of residence or domicile, if located in the territory of the State.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising from the interpretation and execution of these terms and conditions by accessing the following site: https: // webgate.ec.europa.eu/odr
ARTICLE 16 - RETURNS FOR DEFECTIVE PRODUCT
When a product has an objective defect that leads to incorrect use, the customer can request a return by communicating it via email, telephone or whatsapp. Once the return has been authorized, the customer can ship the package.
Once it reaches its destination, it is checked, in the event that the defect is found, the full amount spent will be re-credited to the customer (for a maximum of € 15 - Postal Shipping).
In the return request it is necessary to indicate: brand and model of the player / turntable, minute second chapter (in the case of audio visual products) or minute and second track side in the case of audio products, the same information must be reported, once the return is authorized, inside the package with name, surname and order number.
If the defect is not confirmed, it will not be possible to return the cost of sending the package.
ATTENTION RETURN ADVICE ON VINYL:
For a number of cases greater than 97% of the return requests, the problem that is encountered is not to be blamed on the disk. Most of the time the cause of the "defect" is due to one or more of the following elements: wrong stylus weight setting, wrong antiskating setting, extremely low-end turntable that on certain discs (vinyl is not a digital product) finds it difficult to read correctly. Before requesting a return, please check these elements carefully.
If the return request does not concern defects that preclude or limit the use of the purchased object (eg: imperfections relating to the packaging), the return could be agreed with the costs of returning and resending by the buyer.
General sales conditions updated May 9, 2018