Terms and conditions
Art. 1 – General provisions
1.1. These general conditions of online sale govern the purchases of products made by any natural person qualifying as a consumer (the “Customer”), ie a natural person who concludes a purchase contract for the satisfaction of daily life needs unrelated to business or professional (in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005) on the e-commerce site ocarinaplayer.com (hereinafter also the “Seller” or “Site”) owned by :
Sindbad srl with headquarters in via Giano della Bella n. 23 – 50124 Florence (FI)
VAT number 06117640489 REA FI-601923
Tel. 055.5001886 – [email protected]
1.2. Before proceeding with the purchase of products on ocarinaplayer.com, the User is required to consult these General Conditions of Sale, which in case of purchase are considered accepted.
Users who access this site declare that they accept that all matters relating to the use of the ocarinaplayer.com website are governed by the current legislation of the Italian state.
1.3. Sindbad srl does not guarantee in any way that the content of the site complies with the regulations in force in other countries.
Access to the Site from places where its contents are considered illegal is expressly prohibited.
Users who decide to access the site from these countries are fully aware of the legal consequences and penalties they risk incurring and will be solely responsible for compliance with local laws.
Art. 2 – Object of the contract
2.1 The Products are sold with the characteristics described on the Site and according to the general conditions of sale published at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
The essential characteristics of the Products are presented on the Site within each product sheet. The images and colors of the products offered for sale on the Site may however slightly change and / or not exactly correspond to the real ones due to the internet browser and monitor used.
Seller therefore decline all responsibility for the possibility that, due to a particular configuration of the computer used by the customer or its malfunction, the colors of the products displayed on the site may be slightly different from the original ones.
The images contained on the Site are the property of Sindbad srl.
Any use of such images not authorized by a written consent from Sindbad srl will be prosecuted by law.
2.2. The prices of the Products for sale on the Site, and / or their characteristics, include VAT and may be subject to variations. These changes are valid only for orders not yet confirmed at the date of the change.
2.3. The availability of the products indicated on the Site refers to the actual availability when the Customer places the order. This availability must in any case be considered indicative because, due to the simultaneous presence on the Site of multiple users, the products could be sold to other Customers before confirming the order.
Where the products covered by the order are not available, the order will be automatically rectified with the elimination of the unavailable product, the Customer notified by email and refunded of any amount paid to ocarinaplayer.com.
2.4. During the purchase process, it is possible to request the issuance of an invoice. For the issue of this document it is necessary to enter an Italian billing address complete with tax information.
If the invoice is not requested when placing the order, it cannot be requested at a later time.
Art. 3 – Completion of the contract and payments
3.1. Once the desired Products have been identified, the Customer can place them in the cart and proceed with the purchase. To place an order, the Customer must follow the guided online purchase procedure and click on the “Place order” button. Subsequently, once payment has been made, the Customer will receive confirmation of receipt of the order by e-mail.
The e-mail contains the Customer’s data, the order number, the price of the products purchased, the shipping costs and the delivery address to which the products will be sent.
3.2. For payments by credit card, ocarinaplayer.com uses the Stripe platform which accepts all major credit and debit cards (Visa / Mastercard / American Express).
Stripe is an external platform for online payments that allows you to make payments by debit card, rechargeable card or credit card, etc. It’s a safe and fast solution – payments are processed virtually instantly.
It is not necessary to create a Stripe account (although recommended): all you need is a valid credit, debit or rechargeable card, Visa, Mastercard or American Express.
Stripe supports 3D Secure for any payment and meets the most stringent online security requirements.
Stripe is certified as a PCI, Level 1 compliant service provider.
For each transaction performed with this method, a confirmation e-mail will be sent from Stripe. The amount of the order is charged to the current account connected to the credit card at the time of order confirmation.
Stripe prevents fraudulent activity by detecting any suspicious activity and also works with Global Partners Networks and Credit Card Networks to monitor fraudulent activity.
In case of cancellation, the amount will be refunded to the current account connected to the Customer’s credit card.
ocarinaplayer.com declines any responsibility for disputes relating to purchases.
All disputes are handled directly by Stripe. Learn more about how Stripe handles disputes: https://stripe.com/help/disputes
For more information, visit www.stripe.com
3.3. It is possible to pay by direct debit on a SEPA current account. Also for this payment method ocarinaplayer.com makes use of the Stripe platform for which the aforementioned reference links are valid.
The SEPA or SDD direct debit, the collection tool for direct debit payment throughout the SEPA area (Single Euro Payments Area).
The customer who opts for this payment method authorizes Stripe to debit his current account (IBAN and other identification data of the current account will be required) the sum corresponding to the total order placed on ocarinaplayer.com in favor of Sindbad Srl.
The order will be shipped when the transfer has reached Sindbad srl’s bank account and as soon as the goods are available in our warehouse.
For more information, visit www.stripe.com
3.4 Online payment with Paypal
The user who has a Paypal account can pay for his order with this payment method. In case of payment via PayPal, the general conditions of use of Paypal apply.
For more details visit www.paypal.com
3.5. All transactions are processed through a secure server, guaranteeing ocarinaplayer.com customers maximum data protection.
The operators of the ocarinaplayer.com Customer Service are in no way authorized to request or accept credit card numbers and / or details of validity of the same.
In order to guarantee greater protection on purchases made in the e-commerce sector, ocarinaplayer.com recommends its customers to join the Verified By Visa or Mastercard Securecode services, requesting a PIN security code with which they can make their purchases in complete safety.
For more information, please visit www.visa.com or www.mastercard.com
3.6. ocarinaplayer.com reserves the right to request additional information from the customer or to send copies of documents proving ownership of the card used. If the customer does not provide such information ocarinaplayer.com reserves the right not to accept the purchase order.
Art. 4 – Shipping, times and costs
4.1. Orders are processed and shipped within the next business day following the order. Orders arrived after 1pm on Friday are shipped the following Monday.
ocarinaplayer.com reserves the right to postpone the shipment if the order cannot be shipped for reasons of force majeure, for reasons connected with the timing of verification of the transaction or for organizational reasons: it is pointed out in particular that during promotions and in the period pre-Christmas there may be delays in shipping and that the goods in any case will be ready for shipment only after receipt of payment.
4.2. Delivery times depend on the destination area of the goods and the chosen service.
Deliveries are made by courier using the method chosen by the customer at the time of purchase. If the shipping chosen and already paid for when ordering is not available for the customer’s postal zip code, ocarinaplayer.com will choose the fastest alternative shipping method, refunding the difference.
ocarinaplayer.com cannot guarantee the customer, nor request the courier, deliveries by appointment and in no case the courier will deliver to the floor (delivery will always take place at street level).
Standard Shipping: Orders are shipped via SDA – UPS – DHL couriers and usually take 2/3 working days for delivery. Deliveries to remote areas can take 4/6 working days.
Express Shipping: If available at check-out, you can opt for an express delivery service by DHL courier. Delivery times throughout the EU are 1-2 working days (excluding Saturdays).
The “remote areas”, the “minor islands” (courier names) and areas not served directly by DHL may be subject to delivery delays beyond our control.
4.3. The cost of standard shipments to the entire EU territory is included in the purchase cost.
The cost of express shipments to the whole EU territory includes a cost of € 10.00
Art 5 – RIGHT OF REPLACEMENT FOR DAMAGES CAUSED BY TRANSPORT
5.1. To exercise this right, the customer, within 05 (five) days of receipt of the goods must send an email addressed to: [email protected], indicating the transport document or invoice number, code and quantity of the defective items with the details of the defect found.
The Seller may request the Customer to send, by e-mail, any digital photos showing the claimed damage. Once the responsibility for the damage has been ascertained, the Seller will communicate to the customer, via e-mail, the acceptance of the replacement with the collection details for the Courier.
In any case, the goods must be returned to the Seller with the same courier and in the original packaging carefully sealed, indicating on the package the return address that will be communicated.
5.2. If this does not happen, the Seller can refuse the withdrawal and therefore the replacement of the material.
5.3. All transport costs for replacement, both those for the return of damaged goods and those for replacement, are charged to the Seller. The replacement of the goods will take place as soon as possible. In no case will we accept returns of goods on delivery or which involve tax or customs charges not previously agreed upon. Any report received after the above deadlines will not be taken into consideration.
Art. 6 – GUARANTEE FOR THE CONSUMER
6.1. The customer is the owner of the rights provided by the Legislative Decree n. 24 of 02-02-2002. The products have a warranty, for lack of conformity, for two years from their delivery.
6.2. The Seller guarantees that the goods sold conform to the declared characteristics and are suitable for the use for which the object is to be used. Any flaws or defects in the delivered product with respect to what has been agreed must be reported by the customer, under penalty of forfeiture, within 30 days from the discovery of the defect. The action is prescribed within six months of discovery.
6.3. The deadline for reporting defects and / or defects of the goods that are apparent, runs from the day of delivery of the products.
6.4. The warranty is excluded in the event of damage attributable to an abnormal use of the product by the purchaser such as for example shocks or exposure to water or other liquids or environmental conditions of localization of the purchased good such as, by way of example but not limited to, high humidity rate of the room, overheating of the room, exceptional temperatures and atmospheric conditions, unusual or from improper uses made by the buyer such as poor maintenance (cleaning with improper products or means) or for use that is not adequate for the characteristics for which the object must be used.
6.5. The Seller does not guarantee the perfect correspondence of the colors shown on the site to the original ones. This does not constitute grounds for dispute for lack of conformity.
6.6. To exercise the right of guarantee for lack of conformity, the customer must report, by opening an assistance ticket in the reserved area of the website www.ocarinaplayer.com in the terms provided above, the conformity defects found and document them, putting back any digital photos and if it is necessary, at the request of the seller, to arrange for the shipment of the defective item.
This will allow the Seller to establish whether the defect found is attributable to production problems (lack of conformity), and in this case the defective material will be repaired primarily or replaced by the defective piece or, alternatively, replaced against the return of the defective one. . In the event that the Seller determines the improper use of the product by the customer, no free replacement will be made.
6.7. After receipt of this communication and / or documentation, the Seller will, within 10 working days, communicate its decisions giving the authorization, or not, to the return of the defective material, with the eventual shipment, via e-mail, of a document that must be attached to the goods to be returned. The material must be sent to the address that will be communicated.
6.8. The replacement will be made within the shortest possible time. The relative transport costs for the replacement, both those for the return of the goods and those for the replacement, are borne by the Seller.
Art.7 – Right of withdrawal
7.1. In accordance with the provisions in force, if the Customer is not satisfied with his purchase, the unused items can be returned using the right of withdrawal, with consequent reimbursement of the payments received from ocarinaplayer.com, excluding any shipping costs for delivery.
7.2. The right of withdrawal must be exercised no later than 30 (thirty) days from the date of delivery of the order by communicating it via email to [email protected].
7.3. The return shipment must then take place no later than the following 14 days strictly by courier indicated in the return authorization.
7.4. The costs of returning the goods are charged to the customer.
7.5. The right of withdrawal for contracts concluded on the ocarinaplayer.com website is excluded in accordance with art. 59 of the Consumer Code relating to the supply of clearly personalized goods.
7.6. The products must not have been used or altered and must not show any signs of use.
7.7. Each product must be returned including the original packaging and accessories received with the order and which must not have been damaged and / or altered in any way, or used as a single external packaging.
7.8. Returns will be refused with delivery costs borne by the customer and with any tax or customs charges borne by Sindbad srl.
7.9. In accordance with the provisions in force, purchases of digital audio products from the moment they have been downloaded by the customer (download from the server) cannot benefit from the right of withdrawal. If they have not yet been downloaded, the same terms of return for physical products apply.
Art.8 – Privacy and data processing
8.1. Customer data is processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the appropriate “Privacy Policy” page located on ocarinaplayer.com, containing the privacy policy, pursuant to art. 13 Legislative Decree 30 June 2003 and art. 13 of EU Regulation 2016/679.
Art.9 – Disclaimer of responsibility
9.1. Sindbad srl publishes information on its site in order to provide a service to its customers, however it declines all responsibility for the possibility of any technical or factual inaccuracies and / or typographical errors for which an immediate correction is expected following a report.
Sindbad srl also reserves the right to make corrections and changes to the site whenever it deems it necessary without giving prior notice.
Sindbad srl does not offer any guarantee on the compliance of the information published on its site with the laws established by the jurisdiction of the customer’s country of residence.
Sindbad srl disclaims any responsibility for any problems, damage or risks that the user may encounter while using the site.
Sindbad srl declines all responsibility for any malfunctions related to the deactivation of cookies in the user’s browser.
Sindbad srl reserves the right to amend / review the terms and conditions contained in this legal notice, by updating it, whenever it deems it appropriate, without any obligation to give prior notice.
The user must comply with the terms contained in this legal notice, periodically checking for any updates, changes and corrections.
Art. 10 – Applicable law and competent court
10.1. These General Conditions of Sale are subject to Italian law. In any case, the rights eventually attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.
Any dispute that does not find an amicable solution will be submitted to the non-exclusive jurisdiction of the Court of Florence.
Since the Customer is the final Consumer, any disputes must be resolved by the Court of the place of domicile or residence of the same according to the applicable law.
10.2. Furthermore, as a Consumer, the Customer also has the right to appeal to the courts of the European Union Member State of residence or domicile.
10.3. Ex article 14 of EU Regulation no. 524/2013 and resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since 15 February 2016, we inform you that the Consumer, moreover, can optionally resort to the mediation procedures referred to in Legislative Decree 28/2010 for the resolution of any disputes arising in the interpretation and execution of these conditions of sale, by accessing the following portal: https://webgate.ec.europa.eu/odr.
Version of 1 July 2021