Terms and Conditions of Use
Company Information
Angelini Mallets S.r.l.
Registered office: Via Matera, 30 – 47838 Riccione (RN) – Italy
VAT ID: IT04020400406
TAX ID/Company Registration Number: RN04020400406
Index of Economic and Administrative Information: 321581
Terms and Conditions of use of the website
The website made available from the following address www.angelinimallets.com is an online information and communications service provided by Angelini Mallets S.r.l. (“Angelini Mallets”). By using this website or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to them do not use the site or download any materials from it.
Limited use
The contents of Angelini Mallets’s website pages (texts, graphics, pictures, photographs, images, icons, illustrations, documents, source code) are Copyright © of Angelini Mallets S.r.l.. All rights reserved. Part or all of the contents of Angelini Mallets’s website pages cannot be copied, reproduced, transferred, uploaded, published or distributed in any way without Angelini Mallets’s prior written permission, except that Angelini Mallets allows you to store on your computer or print copies of extracts from these pages for your personal use only.
Some contents should be property of third parts and licensed to Angelini Mallets. These contents belong to the legal owners and cannot be used without the prior written consent of the same owners.
The trademarks and logos displayed on this website are the property of Angelini Mallets. They cannot be used on a website other than the Angelini Mallets’s website without the prior written consent of Angelini Mallets S.r.l.. The Angelini Mallets name or any trademark including the trademarks “Angelini Mallets” and “Passion for percussion” cannot be incorporated into an Internet Address without the prior written consent of Angelini Mallets S.r.l..
Disclaimer
The information on this website is provided in good faith and Angelini Mallets believes it to be accurate. Angelini Mallets will not under any circumstances be liable for any loss of income, profit, business, contracts or goodwill or any indirect or financial loss suffered by a party, whether arising in contract, negligence or otherwise.
The information on this website may include technical inaccuracies or typographical errors. Information may be changed or updated without notice. Angelini Mallets may also make improvements and/or changes in the sections of this website without notice.
Link
Angelini Mallets assumes no responsibility for material created or published by third parties that Angelini Mallets’s website pages have a link to. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all measures against viruses or other destructive elements. Links do not imply that Angelini Mallets sponsors or is affiliated with any entity whose products for services are described thereon.
Law and Jurisdiction
For any dispute arising from these terms and conditions and activities covered thereto the Court of Roma, Italy, shall have not exclusive jurisdiction and the Italian laws shall apply Angelini Mallets nonetheless reserves the right to take legal proceedings in country other than Italy, to protect its interests or to enforce its rights whenever it deems it appropriate to do so.
Terms and Conditions of Sale
The sale of products on the website made available from the address www.angelinimallets.com is regulated by the following Terms and Conditions of Sale.
1. Premises
1.1. These General Terms and Conditions of Sale govern the remote purchase of the products and/or services presented on the website www.angelinimallets.com, owned by Angelini Mallets S.r.l., with registered office in Riccione (Italy), Via Matera, 30 – 47838, VAT number IT04020400406, Tax Code 04020400406, e-mail address [email protected].
1.2. These General Terms and Conditions of Sale — issued in accordance with and pursuant to the legislation on distance contracts set out in Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and the legislation on electronic commerce set out in Legislative Decree No. 70 of 9 April 2003 — must be considered an integral and substantial part of the contract.
1.3. Angelini Mallets invites the Customer to carefully read these General Terms and Conditions of Sale before completing any purchase and, once the purchase has been finalized, to print them or save a digital copy.
1.4. Angelini Mallets reserves the right to modify the General Terms and Conditions of Sale without prior notice. Such changes will take effect from the date of their publication on the website www.angelinimallets.com. Purchase orders submitted to Angelini Mallets before the publication of the aforementioned changes will be subject to the General Terms and Conditions of Sale in force at the time the sales contract was concluded.
2. Definitions
2.1. The expression “Distance Sales Contract” means the distance contract entered into between Angelini Mallets and the Customer, relating to the sale of the products and/or the provision of the services presented on the website www.angelinimallets.com.
2.2. The expression “Supplier” means Angelini Mallets S.r.l., with registered office in Riccione (Italy), Via Matera, 30 – 47838.
2.3. The expression “Consumer” means the natural person who has requested the supply of the aforementioned products and/or the use of the services for purposes unrelated to any business or professional activity they may carry out, in accordance with and pursuant to Legislative Decree No. 206 of 6 September 2005 (Consumer Code). For the purposes of these General Terms and Conditions of Sale, a Consumer is considered to be any person who, at the time of purchasing a product and/or service, does not indicate their VAT number in the form reserved for entering personal details.
2.4. The expression “Customer” means the Consumer, as defined in the preceding Article 2.3, or the party (natural or legal person) who has requested the supply of the products and/or services presented by Angelini Mallets on the website www.angelinimallets.com, for purposes related to any business or professional activity they may carry out.
2.5. The expression “products” means musical instruments in general, percussion instruments and related accessories, mallets, and orchestral equipment.
2.6. The expression “services” means any services offered such as, by way of example, rental services for musical instruments and equipment, assistance and repair services for musical instruments, etc.
2.7. The expression “order” means the contractual proposal sent by the Customer to Angelini Mallets by electronic means.
3. Object of the Contract
3.1. Under this contract, Angelini Mallets sells and the Customer purchases remotely, by electronic means, the products and/or services indicated and offered for sale on the website www.angelinimallets.com.
3.2. The products and services referred to in Article 3.1 are illustrated on the website www.angelinimallets.com and described on the relevant presentation pages; the descriptive image of a product/service is for illustrative purposes only and may not be representative of the actual characteristics of the product/service.
4. Stipulation and Conclusion of the Contract
4.1. The publication of products and/or services on the website constitutes an invitation to the Customer to submit a Purchase Proposal to Angelini Mallets. The purchase proposal is completed by the Customer correctly filling in the order form. Each order sent by the Customer constitutes a contractual proposal and represents specific acceptance of these General Terms and Conditions of Sale.
4.2. Angelini Mallets has the right to accept or refuse orders received, and in the event of non-acceptance, the Customer shall have no right to make any claim against Angelini Mallets on any grounds whatsoever. Any right of the Customer to compensation for damages or indemnity is excluded, as is any contractual or non-contractual liability for direct or indirect damages to persons and/or property caused by or resulting from the non-acceptance, even partial, of an order.
4.3. The Sales Contract shall be deemed concluded (i) upon acceptance of the order by Angelini Mallets, confirmed by sending a confirmation e-mail to the Customer’s e-mail address, or (ii) tacitly, if 48 hours have elapsed since receipt of the order.
5. Methods of Payment and Refund
5.1. Payments made in execution of the Sales Contract may only be made using one of the methods indicated by the Supplier. When placing the order, the Customer is required to indicate the chosen payment method. Angelini Mallets reserves the right to change the available payment methods.
5.2. Any refund to the Customer will be credited using one of the methods proposed by the Supplier, promptly and, in the event of the exercise of the right of withdrawal as governed by Clause 13 of this contract, within a maximum of 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. If the Customer purchases products and/or services with payment by advance bank transfer, the Customer’s purchase proposal shall remain valid until proof of payment is received, to be sent to Angelini Mallets at the e-mail address [email protected], within 48 (forty-eight) hours of sending the order referred to in the preceding Article 4. If this deadline is not met, Angelini Mallets shall be entitled to cancel and reject the order, returning to the Customer any amount already paid. Upon receipt of payment made by bank transfer, Angelini Mallets will send the Customer the order confirmation referred to in the preceding Article 4, and the Contract shall be deemed concluded between the parties.
5.4. If the Customer purchases products and/or services with payment by credit card, the relevant bank shall immediately verify the validity of the credit card. Information relating to the buyer’s credit card is transmitted via a secure SSL (Secure Sockets Layer) connection directly to the server of the bank handling the transaction.
5.5. Solely for the purpose of providing greater protection and security to the Customer, Angelini Mallets reserves the right to request additional information from the Customer at any time (e.g. a landline telephone number) or to request copies of documents proving ownership of the credit card used. If the Customer fails to send the requested information or additional documentation, Angelini Mallets reserves the right not to accept the order, notifying the Customer accordingly at the e-mail address provided.
6. Terms of Delivery and Execution
6.1. Angelini Mallets will deliver the products and/or provide the services to the Customer in the manner and within the timeframe indicated on the website at the time of the offer, as confirmed in the e-mail referred to in Article 4.2.
6.2. Angelini Mallets reserves the right to cancel the provision of a service already purchased and not yet used by the Customer, it being understood that, in such a case, the Customer will be informed at least 24 hours in advance of the scheduled start date of the service by e-mail, and the price already paid will be fully refunded.
6.3. Angelini Mallets expressly excludes any liability for the cancellation of a service, or part thereof, due to force majeure and/or unforeseeable circumstances.
7. Prices
7.1. The prices published in the various sections of the website www.angelinimallets.com and on the pages dedicated to each individual product and/or service, unless otherwise specified, include VAT and do not include any taxes, duties, and levies applicable in the destination country of the products and/or services, where this differs from Italy. These costs, which vary from country to country, are borne by the Customer, who is responsible for verifying the amount with the competent customs authorities.
7.2. The price of each individual product and/or service must be increased, where applicable, by the cost of shipping, the amount of which may vary depending on the delivery and payment method, as well as the destination country. The total amount due for the selected products and/or services will be clearly indicated and communicated to the Customer on the order summary page.
7.3. The prices shown on the website www.angelinimallets.com are subject to change and/or modification by Angelini Mallets without any obligation to notify the Customer in advance. Such increases may depend, among other things, on increases decided by Angelini Mallets’ suppliers. Sales Contracts concluded before the publication of the aforementioned changes, but still being executed, will be subject to the prices in force at the time the order was received.
8. Limitation of Liability
8.1. Angelini Mallets assumes no liability for service disruptions due to force majeure, in the event that it is unable to execute the order within the timeframe provided for in the contract or is unable to provide the service, in whole or in part, as promised.
8.2. Angelini Mallets shall not be held liable to the Customer for disruptions or malfunctions related to the use of the internet that are beyond its control or that of its sub-suppliers.
8.3. Angelini Mallets shall also not be liable for damages, losses, and costs incurred by the Customer as a result of the failure to execute the contract for reasons not attributable to it.
8.4. Angelini Mallets assumes no liability for any fraudulent or unlawful use by third parties of credit cards or other means of payment when paying for purchased products and/or services, provided it can demonstrate that it has taken all possible precautions based on the best knowledge and experience available at the time and with ordinary diligence.
8.5. Angelini Mallets may in no way be held liable for claims attributable to errors, omissions, and/or inaccuracies regarding the presentation of the purchased products and/or services, nor may it be held liable for any direct and/or indirect, special and/or incidental and/or consequential damage due to the use of such products and/or services.
9. Obligations of the Customer
9.1. The Customer undertakes to pay the price of the requested products and/or services within the timeframe and in the manner indicated in the contract, and to provide Angelini Mallets with all the information necessary to enable the correct supply of the product and/or use of the service.
10. Right of Withdrawal
10.1. In the case of the purchase of products, the Customer has the right to withdraw from the contract entered into, without any penalty and without giving any reason, within 14 (fourteen) days from the date of receipt of the purchased product.
10.2. In the case of the purchase of services, the Customer has the right to withdraw from the contract entered into, without any penalty and without giving any reason, within 14 (fourteen) days from the date this contract was concluded.
10.3. If the Customer decides to exercise the right of withdrawal, they must notify Angelini Mallets by registered letter with return receipt, to be sent to Angelini Mallets, Customer Service – Via Federico Paolini, 3 – 00122 Ostia Lido (RM), Italy, or by e-mail to [email protected], provided that such communication is always confirmed by sending a registered letter with return receipt to the above address, or by certified e-mail, within the following 48 (forty-eight) hours. In the case of notification by registered letter with return receipt, the postmark affixed by the post office on the receipt issued shall be considered valid evidence between the parties. For the purposes of exercising the right of withdrawal, the sending of the notification may validly be replaced by the return of the purchased item, provided this is done within the same timeframe. The date of delivery to the post office or the carrier shall be considered valid evidence between the parties.
10.4. Products subject to withdrawal must be returned within 14 (fourteen) days from the date this contract was concluded. The return of products shall be at the Customer’s expense and responsibility, by courier of their choice, to the following address: Angelini Mallets, Customer Service – Via Federico Paolini, 3 – 00122 Ostia Lido (RM), Italy.
10.5. Once the integrity of the returned product has been verified, Angelini Mallets will refund the full amount paid by the Customer within 14 (fourteen) days of receiving the withdrawal notification and the returned product.
10.6. The right of withdrawal lapses if the Customer has agreed to the Supplier immediately starting the requested service, or in any case if the service begins before 14 (fourteen) days have elapsed since the conclusion of the contract. Furthermore, the right of withdrawal cannot be exercised with regard to services that have already been performed.
10.7. The Customer may not exercise the right of withdrawal for sales contracts involving the supply of products that can be downloaded immediately (e-books, audiovisual content, software, etc.) and/or the supply of services that are immediately accessible online (audiovisual content, distance learning courses, etc.), nor in cases where the Customer breaks the seals affixed to audiovisual products or computer software in general.
11. Rights of Ownership
11.1. The trademarks and logos included in the products and/or services purchased by the Customer belong to their rightful owners and may not be used in any way without the prior written consent of said owners. The names and trademarks “Angelini Mallets” and “Passion for percussion” are the property of Angelini Mallets and may not be used in any way without the prior written consent of Angelini Mallets.
12. Warranties and Conditions of Support
12.1. Except as provided in the preceding Article 8, Angelini Mallets is liable only for the interruption or suspension of the service and for the non-conformity of the purchased product/service with the characteristics described at the time of the purchase proposal on the website www.angelinimallets.com.
12.2. For the purposes of the following Articles 12.3 and 12.4, the Customer is required to report to Angelini Mallets any interruption or suspension of the service and any non-conformity of the purchased product/service within 10 days of the date on which the Customer became aware of the event. Such notice is not required if Angelini Mallets has already acknowledged the existence of the problem. The Customer nevertheless retains the right to request termination of the contract, provided they have reported the defect within the legal time limits.
12.3. If the interruption or suspension of the service and the non-conformity of the purchased product/service persists, the Customer may request, alternatively and free of charge, under the conditions set out below, the restoration of the purchased service or the provision of an equivalent service, the replacement of the product, or the termination of this contract, unless such a request is objectively impossible to fulfill or would be excessively burdensome for Angelini Mallets in relation to the value of the service provided.
12.4. The request must be submitted in writing, by registered letter with return receipt or by certified e-mail, to Angelini Mallets, which will indicate its willingness to comply with the request, or the reasons preventing it from doing so, within 7 working days of receipt. In the same communication, if it has accepted the Customer’s request, Angelini Mallets must indicate the manner and timeframe for restoring the service, providing an equivalent service, or replacing the product.
13. Causes for Resolution
13.1. The obligations set out in point 9 assumed by the Customer, as well as the guarantee of successful payment made by the Customer using the means referred to in Article 5.1, are of an essential nature. Accordingly, by express agreement, failure to fulfill even one of these obligations shall result in the automatic termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a court ruling.
14. Privacy Policy and Personal Data Processing
14.1. Angelini Mallets protects the privacy of its customers and guarantees that data processing complies with privacy legislation pursuant to Regulation (EU) 2016/679.
14.2. Personal and tax data collected directly and/or through third parties by Angelini Mallets, as data controller, are collected and processed in paper and/or electronic form, for the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, as well as for fulfilling any legal obligations, and for enabling the effective management of business relationships to the extent necessary to provide the requested service.
14.3. Angelini Mallets undertakes to treat the data and information transmitted by the Customer confidentially and not to disclose it to unauthorized persons, nor to use it for purposes other than those for which it was collected, nor to transmit it to third parties. Such data may only be disclosed at the request of the Judicial Authority or other authorities authorized by law.
14.4. Personal data will be disclosed, subject to prior execution of a confidentiality undertaking, only to parties authorized to carry out the activities necessary for the execution of the contract entered into, and disclosed exclusively for that purpose.
14.5. The Customer enjoys the rights set out in Articles 15 et seq. of Regulation (EU) 2016/679, namely the right to obtain confirmation at any time of the existence or otherwise of such data and to know its content and origin, verify its accuracy, or request its completion, updating, or correction. Pursuant to the same articles, the Customer has the right to request the deletion of such data, the restriction of its processing, and to object to its processing. Requests should be addressed to the Data Protection Officer at Angelini Mallets, Via Federico Paolini, 3 – 00122 Ostia Lido (RM), Italy; e-mail: [email protected].
14.6. The provision of personal data by the Customer is a necessary condition for the correct and timely execution of this contract. Failure to provide such data will prevent the Customer’s request from being processed.
14.7. In any case, the data collected will be retained for a period of time not exceeding that necessary for the purposes for which it was collected or subsequently processed. It will be removed securely.
14.8. Angelini Mallets is the data controller responsible for the collection and processing of personal data, to whom the Customer may address any request.
14.9. Anything sent to the postal (including e-mail) address of Angelini Mallets (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not infringe the rights of others, and must contain valid, truthful information that does not infringe the rights of others. In any case, Angelini Mallets shall not be held liable for the content of such messages.
15. Storage Mode of the Contract
15.1. Pursuant to Article 12 of Legislative Decree 70/2003, Angelini Mallets informs the Customer that every order sent is stored, in digital form on Angelini Mallets’ servers and/or in paper form at Angelini Mallets’ premises, in accordance with confidentiality and security criteria.
16. Communications and Complaints
16.1. Written communications addressed to Angelini Mallets and any complaints will only be considered valid if sent by e-mail to [email protected]. For communications addressed to the Customer, Angelini Mallets will use the contact details provided by the Customer in the order form.
17. Settlement of Disputes
17.1. All disputes arising from this contract will be referred to an attempt at conciliation at the Mediation Body of the Chamber of Commerce of Rome and resolved in accordance with the Regulations adopted by the same.
17.2. Should the Parties wish to bring the matter before the ordinary Judicial Authority, the competent Court shall be that of Rome, except in the case of a consumer Customer, for whom the competent Court shall always be that of their place of residence or elected domicile, pursuant to Article 33, paragraph 2, letter u) of the Consumer Code.
18. Final Clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties, concerning the subject of this contract. According to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have read, to understand and to agree the following clauses, whose title is given as an example only: art. 1. Premises, art. 2. Definitions, art. 3. Object of the Contract, art. 4. Stipulation and Conclusion of the Contract, art. 5. Methods of Payment and Refund, art. 6. Terms of Delivery and Execution, art. 7. Prices, art. 8. Limitation of Liability, art. 9. Obligations of the Customer, art. 10. Right of Withdrawal, art. 11. Rights of Ownership, art. 12. Warranties and Conditions of Support, art. 13. Causes for Resolution, art. 14. Privacy Policy and Personal Data Processing, art. 15. Storage Mode of the Contract, art. 16. Communications and Complaints, art. 17. Settlement of Disputes, art. 18. Final Clause.