{"id":12590,"date":"2021-01-22T14:31:44","date_gmt":"2021-01-22T12:31:44","guid":{"rendered":"https:\/\/loredanaberte.it\/terms-and-conditions-of-sale-and-usezzo\/"},"modified":"2021-02-02T16:00:43","modified_gmt":"2021-02-02T14:00:43","slug":"terms-and-conditions-of-sale-and-use","status":"publish","type":"page","link":"https:\/\/loredanaberte.it\/en\/terms-and-conditions-of-sale-and-use\/","title":{"rendered":"Terms and conditions of sale and use"},"content":{"rendered":"\t\t
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Terms and conditions of sale<\/b><\/span><\/h2>\n

<\/span><\/p>\n

1. Ownership of the website <\/span><\/p>\n

2. Applicable law<\/span><\/p>\n

3. Discipline of the purchase of goods through the site<\/span><\/p>\n

4. Conclusion of the contract<\/span><\/p>\n

5. Client Obligations<\/span><\/p>\n

6. Consideration of the purchased goods and payment methods<\/span><\/p>\n

7. Shipping and delivery<\/span><\/p>\n

8. Right of Recission<\/span><\/p>\n

9. Complaints<\/span><\/p>\n

10. Force Majeure<\/span><\/p>\n

11. Industrial and intellectual property rights<\/span><\/p>\n

12. Data protection<\/span><\/p>\n

13. Applicable law and Jurisdiction<\/span><\/p>\n

<\/span><\/p>\n

1. Ownership of the website<\/b><\/span><\/h2>\n

The website www.loredanaberte.it<\/span><\/a> is owned by 23 Music Entertainment srl (hereinafter 23 Music), VAT number 05526580484, and is aimed at communicating and selling products and services, also online.<\/span><\/p>\n

<\/span><\/p>\n

2. Applicable law<\/b><\/span><\/h2>\n

The sale of products and services carried out by electronic means is governed by Legislative Decree September 6th 2005 n. 206 on distance selling with consumers and Legislative Decree April 9th 2003 n. no. 70\/2003 on e-commerce.<\/span><\/p>\n

<\/span><\/p>\n

3. Discipline of the purchase of goods through the site<\/b><\/span><\/h2>\n

These Conditions of Sale, together with the conditions of delivery and payment of the goods provided for on this Site, constitute an integral part of the sales contract concluded between the user of the Site (hereinafter the Customer) and 23 Music. 23 Music therefore invites you to carefully read these conditions, to print them and, in any case, to keep a copy, even on computer media.<\/span><\/p>\n

<\/span><\/p>\n

4. Conclusion of the contract<\/b><\/span><\/h2>\n

4.1.<\/b> Customer proposal<\/span><\/p>\n

The publication of the products and services displayed on the Site constitutes the details of the invitation addressed to the Customer to formulate the proposal.<\/span><\/p>\n

The Customer’s order in relation to the goods on the Site has the value of a contractual proposal to 23 Music and can be made by filling in the appropriate online form. The Customer’s order presupposes complete knowledge and full acceptance of the purchase procedure, of these general conditions of sale and of the payment and delivery conditions on the Site.<\/span><\/p>\n

4.2.<\/b> Customer suggestions<\/span><\/p>\n

Correct receipt of the Client’s proposal is confirmed by 23 Music by means of a reply sent to the email address supplied by the Client. The response of 23 Music, generated automatically, does not have the value of acceptance of the proposal, but only confirmation of receipt of the same. This message will summarize the products and services purchased by the Customer, the relative prices, the relative Product Codes, the delivery times. The Customer undertakes to verify the correctness of the data contained in the communication and to promptly communicate any inaccuracies to the same.<\/span><\/p>\n

4.3.<\/b> Any publication errors<\/span><\/p>\n

After 23 Music has sent the confirmation response, if 23 Music finds (due to errors of a technical or formal nature) the incorrect price and \/ or characteristics, published on the Site, of the products and services object of the Client’s Proposal, 23 Music will expressly communicate this to the Client inviting him to make a new proposal, if still interested.<\/span><\/p>\n

4.4.<\/b> Conclusion of the Contract<\/span><\/p>\n

The sales contract is concluded when G23 Music – having verified the availability of the good requested by the Customer – communicates that it has accepted the Customer’s proposal and this communication reaches the e-mail address indicated by the Customer.<\/span><\/p>\n

If 23 Music is unable to accept the Client’s proposal, it will expressly notify the Client.<\/span><\/p>\n

<\/span><\/p>\n

5. Client Obligations<\/b><\/span><\/h2>\n

The purchase of products and services is reserved for persons of greater age or who in any case have the ability to act. 23 Music declines any responsibility in the event that incapable persons act in violation of this rule.<\/span><\/p>\n

The purchase of products and services on the Site presupposes the provision by the Customer of the data necessary for carrying out the goods delivery activities.<\/span><\/p>\n

To this end, the Customer undertakes to communicate correct data complete in every indispensable detail, updated and truthful relating to personal details, personal contact details and, in general, to other information useful for order fulfillment.<\/span><\/p>\n

The Customer undertakes to pay the price of the purchased good.<\/span><\/p>\n

<\/span><\/p>\n

6. Consideration of the purchased goods and payment methods<\/b><\/span><\/h2>\n

All prices are in Euro. The additional cost of delivery, any customs duties and additional sales taxes necessary for export to foreign territory are excluded from the purchase price.<\/span><\/p>\n

The customer can pay the amounts due in the manner shown on the Site.<\/span><\/p>\n

<\/span><\/p>\n

7. Shipping and delivery<\/b><\/span><\/h2>\n

23 Music guarantees that it can ship the goods purchased by the Customer exclusively in the areas specified on the Site.<\/span><\/p>\n

23 Music is not responsible for any delays occurring during the transport service. <\/span><\/p>\n

Any liability relating to the bad condition of the products due to improper storage after delivery is excluded.<\/span><\/p>\n

<\/span><\/p>\n

8. Right of Recission<\/b><\/span><\/h2>\n

Pursuant to Art. 64 of Legislative Decree no. 206 of September 6th 2005. 206, the right of withdrawal can only be exercised by natural persons acting for purposes unrelated to their business or professional activity.<\/span><\/p>\n

The valid exercise of the right of withdrawal is subject to the sending of a registered letter with return receipt within ten working days from the date of delivery of the goods to the following address:<\/span><\/p>\n

<\/span><\/p>\n

Bandabeb\u00e8 Fanclub<\/span><\/p>\n

c\/o Mailboxes etc<\/span><\/p>\n

via Chieti,17<\/span><\/p>\n

65121 Pescara<\/span><\/p>\n

<\/span><\/p>\n

The communication can be anticipated within the same term, by e-mail or fax, provided that it is confirmed by registered letter with return receipt within the following 48 hours. This communication must clearly indicate the intention to withdraw from the purchase of the products that must be identified with precision, and a copy of the purchase invoice must be attached to it as well as the article code so that it is possible to implement all the necessary procedures by Gente .<\/span><\/p>\n

In case of withdrawal, the Customer must arrange for the return of the goods at his own expense with shipment to the following address:<\/span><\/p>\n

<\/span><\/p>\n

Bandabeb\u00e8 Fanclub<\/span><\/p>\n

c\/o Mailboxes etc<\/span><\/p>\n

via Chieti,17<\/span><\/p>\n

65121 Pescara<\/span><\/p>\n

<\/span><\/p>\n

The substantial integrity of the returned asset is an essential condition for exercising the right of withdrawal: the asset in relation to which the right of withdrawal has been exercised must therefore be in a good state of conservation (kept and possibly used with the use of normal diligence).<\/span><\/p>\n

Furthermore, the product must be returned complete with appliances and accessories inside the original packaging and carefully protected to avoid any damage, writing or alteration. Failure to comply with the prescribed procedures will allow 23 Music to refuse the goods returned by the Customer. In case of valid exercise of the right of withdrawal, 23 Music will refund the purchase price and the costs of sending the goods to the customer’s home as soon as possible, and in any case within 30 days from the date on which 23 Music has received notice of the exercise of the right of withdrawal.<\/span><\/p>\n

The costs of returning the goods are therefore excluded from the right of withdrawal, which are charged to the Customer (pursuant to art.67 co. 3 Legislative Decree no. 206\/2005)<\/span><\/p>\n

The right of withdrawal cannot be exercised in the event of:<\/span><\/p>\n

a) CDs, DVDs or other products delivered with the SIAE seal, opened by the consumer;<\/span><\/p>\n

b) Loredana Bert\u00e8 Fan Club gift vouchers<\/span><\/p>\n

If the returned product has defects, even slight, found at the time of return, 23 Music reserves the right to reduce the value of the refund to compensate for the damage found on the product.<\/span><\/p>\n

<\/span><\/p>\n

9. Complaints<\/b><\/span><\/h2>\n

Any complaint in relation to goods purchased through the site must be addressed by e-mail (amministrazione@loredanaberte.it<\/span><\/a> and webmaster@loredanaberte.it<\/span><\/a>), specifying in the subject of the email that it is a complaint, or by ordinary mail to the attention of:<\/span><\/p>\n

<\/span><\/p>\n

Loredana Bert\u00e8 Fan Club<\/span><\/p>\n

c\/o 23 Music Entertainment srl<\/span><\/p>\n

Piazza Giorgini 10<\/span><\/p>\n

50134 Firenze<\/span><\/p>\n

<\/span><\/p>\n

10. Force Majeure<\/b><\/span><\/h2>\n

23 Music will not be responsible for the delay in the fulfillment of the contract governed by these general conditions of sale, if such delay is caused by circumstances beyond their reasonable control. The party late due to force majeure will be entitled to an extension of the terms necessary to fulfill these obligations.<\/span><\/p>\n

<\/span><\/p>\n

11. Industrial and intellectual property rights<\/b><\/span><\/h2>\n

The trademarks, other distinctive signs, as well as other industrial property rights in relation to the products and services present on the pages of the Site belong to 23 Music or to third party producers of the goods offered for sale by 23 Music, through the Site.<\/span><\/p>\n

It is forbidden to use the trademarks ‘Loredana Bert\u00e8’, ‘Bandabert\u00e8’ and ‘Bandabeb\u00e8’, other distinctive signs, as well as the other industrial property rights of 23 Music and third parties, including reproduction on other Internet sites by of unauthorized subjects.<\/span><\/p>\n

The contents such as, for example, information, text, graphics and images, present on the Site, are protected by copyright.<\/span><\/p>\n

<\/span><\/p>\n

12. Protection of personal data – art. 13 Legislative Decree 196\/2003<\/b><\/span><\/h2>\n

With reference to Italian Legislative Decree 30th June 2003 196, containing provisions on the protection of personal data, 23 MUSIC ENTERTAINMENT Srl (hereinafter, “Company”) informs you, in your capacity as an interested party, that the personal data, voluntarily provided by you (hereinafter, “Data”) , will be treated as follows.<\/span><\/p>\n

1) PURPOSES OF DATA PROCESSING.<\/span><\/p>\n

Pursuant to article 13 letter a) of the aforementioned legislative decree, the collection and other data processing operations are carried out by the Company for the following purposes:<\/span><\/p>\n

a) marketing and advertising;<\/span><\/p>\n

b) isending of information and promotional material;<\/span><\/p>\n

c) sending commercial communications;<\/span><\/p>\n

d) statistical analysis for marketing purposes;<\/span><\/p>\n

e) detection of the degree of satisfaction of the products and \/ or services offered by the Company;<\/span><\/p>\n

f) sending invitations for information and promotional events;<\/span><\/p>\n

g) compliance with legal obligations.<\/span><\/p>\n

2) DATA PROCESSING METHODS.<\/span><\/p>\n

The Data will be collected and processed by the Company for the purposes listed in the previous point n. 1) either manually or with the aid of electronic or automated means, and include – in compliance with the limits and conditions set by art. of Legislative Decree no. 196\/03, all the operations, or complex of operations, foreseen by the same decree with the term “handling”.<\/span><\/p>\n

The Data are kept and controlled by the Company in compliance with the confidentiality and security measures provided for by the same decree in Articles. 31 and ss.<\/span><\/p>\n

The Data can be treated by the Society, by employees, professional or societies, asked to do specific services of elaboration or additional activities to those of the Society, necessary to execute operations and services of the Society.<\/span><\/p>\n

3) NATURE OF DATA PROVISION.<\/span><\/p>\n

Personal data are voluntarily supplied by the User or the interested party.<\/span><\/p>\n

4) NOTIFICATION AND DISSEMINATION OF DATA.<\/span><\/p>\n

Pursuant to Article 13 letter d), the Company informs you that – in consideration of the existence of telematic, IT or correspondence links – the Data may be made available abroad, even outside the countries belonging to the European Union and can be communicated to:<\/span><\/p>\n

– employees and \/ or collaborators of the Company not specifically appointed;<\/span><\/p>\n

– third parties for statistical and marketing purposes,<\/span><\/p>\n

and, in any case, in the cases provided for by the information and \/ or by law and in the manner permitted by this.<\/span><\/p>\n

5) RIGHTS OF THE DATA SUBJECT AND HOW TO EXERCISE RIGHTS.<\/span><\/p>\n

Pursuant to art. 7 of Legislative Decree no. 196\/2003, we remind you that you have the right to obtain:<\/span><\/p>\n

a) confirmation of the existence or otherwise of the Data and their communication in an intelligible form;<\/span><\/p>\n

b) information about the Data;<\/span><\/p>\n

c) updating, rectification or – if interested – integration of the Data;<\/span><\/p>\n

d) the deletion, transformation into anonymous form or blocking of data which have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;<\/span><\/p>\n

e) certification that the operations referred to in letters c) e d) ccertification that notification regarding the operations carried out, including their contents, have been sent to the entities to whom or which the Data were communicated or disclosed, unless this requirement is impossible to fulfil or involves a manifestly disproportionate effort compared with the right to be protected.<\/span><\/p>\n

Always pursuant to art. 7 of the aforementioned decree, you also have the right to object, in whole or in part:<\/span><\/p>\n

a) for legal reasons, the processing of your personal data, even if the data is relevant to the purpose of their collection;<\/span><\/p>\n

b) the processing of your personal data for the purpose of sending advertising material or for direct sales, or for conducting market research or commercial communications.<\/span><\/p>\n

To exercise the aforementioned rights, you can send a request by e-mail to: amministrazione@loredanaberte.it<\/span><\/a> <\/span><\/p>\n

The rights referred to in letters a) e b) may also be exercised by verbal request.<\/span><\/p>\n

6) DATA PROCESSOR AND CONTROLLER<\/span><\/p>\n

The owner and manager of data processing is 23 MUSIC ENTERTAINMENT Srl<\/span><\/p>\n

7) EXPRESSING CONSENT<\/span><\/p>\n

Pursuant to Italian Legislative Decree no. 196\/2003, you declare that you have read the information contained in this communication, that you have read it carefully and that you allow the Company and \/ or third parties (home delivery, mailing companies, etc.) to process the data for ” performance of services connected with the purposes of this information.<\/span><\/p>\n

You also agree that the Data be communicated to delegated third parties (always, home delivery companies, mailing companies, etc.) exclusively for the purpose of online purchase.<\/span><\/p>\n

Finally, you give your consent to the processing of data by the Company or third parties delegated for:<\/span><\/p>\n

_ the sending, also through the use of electronic mail, of advertising, promotional and informative material and for statistical purposes;<\/span><\/p>\n

_ purposes related to promotions, to the sending of free products and \/ or services, as well as to the participation in prize competitions.<\/span><\/p>\n

In any case, the Data will not be disseminated or communicated, except for home delivery, mailing or the improvement of services, and will not be sold to third parties by the Company.<\/span><\/p>\n

In case of lack of consent, the Company may still process the Data.<\/span><\/p>\n

<\/span><\/p>\n

13. Applicable law and Jurisdiction<\/b><\/span><\/h2>\n

The sales contract between 23 Music and the Customer will be governed and interpreted in accordance with Italian law. For the solution of civil disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in Italy; in all other cases, the territorial jurisdiction is exclusively that of the Court of Florence<\/span><\/p>\n<\/div>\n<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

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