Terms and Conditions
These Terms govern
- the use of raschaudio.com
- any other Agreement or legal relationship with the Owner
in a mandatory manner. Upper case expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
Unless otherwise stated, the terms of use of raschaudio.com set out in this section apply generally. Additional terms of use or access applicable in particular situations are expressly stated herein.
By using raschaudio.com the User declares that he meets the following requirements:
- The User acts as a Consumer;
Registration
To use the Terms Service User can open an account by providing all the required data and information in a complete and truthful manner. You may also use the Service without registering or creating an account. In this case, however, certain functions may not be available. It is the responsibility of Users to keep their access credentials secure and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on raschaudio.com
By creating an account, Users agree to be fully responsible for any and all activities performed with their access credentials. Users are required to notify the Owner immediately and unequivocally via the contact details provided in this document if they believe that their personal information, such as User account, login credentials, or personal data, has been hacked, illicitly distributed, or stolen.
Account Termination
You are free to close your account and cease using the Service at any time by following this procedure:
- Contacting the Owner at the contact details in this document.
Account suspension and deletion
The Owner reserves the right to suspend or delete a User's account at any time in its sole discretion and without notice if it deems it inappropriate, offensive or contrary to these Terms. Suspension or deletion of an account does not give the User any right to compensation, refund or indemnity. Suspension or deletion of an account for reasons attributable to the User shall not exempt the User from payment of any applicable fees or prices.
Content on raschaudio.com
Unless otherwise stated or clearly recognisable, all content available on raschaudio.com is owned or provided by the Owner or its licensors. The Owner takes the utmost care to ensure that the content available on raschaudio.com does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this. In such cases, without prejudice to legally enforceable rights and claims, Users are requested to address their complaints to the contact details specified in this document.
Rights to the contents of raschaudio.com
The Owner holds and expressly reserves all intellectual property rights to the aforementioned contents. Users are not authorized to use the contents in any way that is not necessary or implicit for the proper use of the Service. In particular, but without any exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/leasing to third parties or creating derivative works from the content available on raschaudio.com, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly indicated on raschaudio.com, the User is authorized to download, copy and/or share certain content available on raschaudio.com exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstances required by the Owner is observed. The limitations and exclusions provided for by copyright law remain unaffected.
Access to external resources
Through raschaudio.com Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability.
The terms and conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and governed by their terms and conditions or, in their absence, by law.
Permitted Use
raschaudio.com and the Service may be used only for the purposes for which they are offered, in accordance with these Terms and applicable law.
It is the sole responsibility of the User to ensure that the use of raschaudio.com and/or the Service does not violate any laws, regulations or the rights of third parties. Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to raschaudio.com or the Service, terminate contracts, report any censorious activity carried out through raschaudio.com or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever the User commits or is suspected of committing
- violations of laws, regulations and/or the Terms
- infringement of the rights of third parties
- acts which may considerably prejudice the legitimate interests of the Controller;
- offences against the Controller or a third party.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products offered on raschaudio.com as part of the Service are chargeable. The fees, duration and terms applicable to the sale of such Products are described below and in the respective sections of raschaudio.com.
Product Descriptions
Prices, descriptions and availability of Products are specified in the respective sections of raschaudio.com and are subject to change without notice. Although the Products on raschaudio.com are presented as accurately as technically possible, the representation on raschaudio.com by any means (including, as the case may be, graphics, images, colours, sounds) is intended as a mere reference and does not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase process.
Purchase procedure
Each step, from choosing the product to placing the order, is part of the purchasing procedure.
The purchasing procedure comprises the following steps:
- Users are requested to choose the desired Product and to check their purchase choice.
- After checking the information visible in the purchase choice, Users may place the order by placing it.
Sending the order
Sending the order entails the following:
- The sending of the order by the User determines the conclusion of the contract and gives rise to the User's obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
- In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also creates an obligation for the User to cooperate accordingly.
- Once the order has been placed, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.
Prices
During the purchase process and prior to placing an order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.
The prices on raschaudio.com:
- include all applicable commissions, taxes and costs.
Promotions and discounts
The Owner may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of raschaudio.com. Promotions and offers are always granted at the sole discretion of the Owner. Repeated or periodic promotions or discounts do not constitute any claim or right that can be enforced by Users in the future. Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, time limitations of promotions and discounts shall be understood to refer to the time zone of the Holder's location, as indicated in the contact details in this document.
Methods of payment
Details of the methods of payment accepted are highlighted during the purchase process. Some methods of payment are subject to further terms or incur additional costs. Detailed information can be found in the relevant section of raschaudio.com. All payments are handled independently by third-party services. Therefore, raschaudio.com does not collect any payment data - such as credit card numbers - but receives a notification once the payment is successful.
In the event that the payment made by one of the available methods of payment fails or is rejected by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.
Authorisation for future payments via PayPal
In the event that the User authorises the PayPal function allowing future purchases, raschaudio.com will store an identification code linked to the User's PayPal account. This will allow raschaudio.com to automatically process payments for future purchases or for the payment of periodic instalments of a previous purchase.
The authorisation can be revoked at any time by contacting the Owner or by changing the personal PayPal settings.
Reservation of Ownership
Until receipt of payment of the full purchase price by the Holder, the User does not acquire ownership of the Products ordered.
Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary. At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged. Delivery may take place in the following countries or territories: Italy. For other countries please send an email at info@raschaudio.com. Delivery times are indicated on raschaudio.com or during the purchase process.
Unsuccessful Delivery
The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User.
In the event that the goods are not delivered or collected at the agreed time or within the agreed period, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree further arrangements.
Unless otherwise specified, each delivery attempt after the second one shall be at the User's expense.
USER RIGHTS
Right of revocation
Unless an exception applies, the User may enjoy the right of revocation of the contract within the period specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of revocation in this section.
Exercising the right of revocation
To exercise the right of revocation, the User must send the Controller an unequivocal communication of his intention to withdraw from the contract.
For this purpose, the User may use the standard withdrawal form available in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.
When does the withdrawal period expire?
- In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the goods.
- In the case of the purchase of several goods ordered together but delivered separately, or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by him/her and other than the courier - takes possession of the last of the goods, lots or pieces.
Effects of revocation
The Holder shall reimburse all payments received including, if any, those relating to delivery costs to Users who have correctly exercised their right of revocation.
However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Holder shall remain the User's responsibility.
The refund shall be made without undue delay and in any event within 14 days from the day on which the Holder was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same method of payment as was used for the initial transaction. The User shall not incur any costs as a consequence of the revocation.
... on contracts for the purchase of goods
Unless the Holder has offered to collect the goods, the User shall return them to the Holder or to another person authorised by the Holder to receive them without undue delay and in any event within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the delivery of the goods to the carrier or other authorised person takes place before the expiry of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of return.
The User shall be liable for any decrease in the value of the goods resulting from use of the goods other than what is necessary to establish their nature, characteristics and functioning.
The return shipping costs shall be borne by the User.
Exceptions to the right of revocation
There is no right of revocation from contracts
- of supply of goods specially made on request outside the catalogue offered on raschaudio.com
Legal guarantee of conformity of the Product
According to European legislation, the seller guarantees the conformity of sold goods for a minimum period of 2 years from delivery. Therefore, the seller is obliged to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.
Where Users act as European Consumers, the legal warranty of conformity of goods applies to items available on raschaudio.com in accordance with the laws of the country in which they ordinarily reside.
The national laws of that country may grant such Users broader rights.
Limitation of liability and indemnity
European Users
Indemnification
You agree to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees from any claim or demand - including, without limitation, attorneys' fees and expenses - made by any third party due to or in connection with negligent conduct such as using or connecting to the service, violation of these Terms, violation of third party rights or laws by you, your affiliates, officers, agents, co-brand owners, partners and employees, to the extent permitted by law.
Limitation of Liability for User's Activities on raschaudio.com
Unless otherwise stated and subject to the applicable statutory provisions on product liability, all claims for damages against the Owner (or any person or entity acting on its behalf) are excluded.
The foregoing does not limit the Holder's liability for death, personal injury or damage to physical or mental integrity, damages resulting from the violation of essential contractual obligations, such as obligations strictly necessary for the achievement of the contractual cause, and/or to damages caused with intent or gross negligence, provided that the use of raschaudio.com by the User was appropriate and correct.
Unless the damage was caused with intent or gross negligence or affects life and/or personal, physical or mental integrity, the Holder is only liable to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
Common Dispositions
No implied waiver
The Holder's failure to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to a specific right or any other right.
Interruption of the Service
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system upgrades or for any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will ensure that Users can retrieve their Personal Data and information in accordance with the law. In addition, the Service may be unavailable due to causes beyond the Owner's reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit raschaudio.com or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate reseller program.
Privacy policy
Information on the processing of Personal Data is contained in the raschaudio.com privacy policy.
Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to raschaudio.com are held exclusively by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
All trademarks - whether word or figurative - and any other distinctive sign, company, service mark, illustration, image or logo appearing in connection with raschaudio.com are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
Changes of the Terms
The Owner reserves the right to amend the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users. The changes will only affect the relationship with the User in the future.
Continued use of the Service implies the User's acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party's right to terminate the Agreement. The previous applicable version shall continue to govern the relationship until accepted by the User. Such version may be requested from the Owner.
If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract out any or all of the rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The provisions regarding the amendment of these Terms shall apply.
Users are not authorised to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contact
All communications regarding the use of raschaudio.com should be sent to the contact details indicated in this document.
Severability clause
Should any provision of these Terms be or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not cause the remaining provisions to be invalid or unenforceable and the remaining provisions shall remain valid and enforceable.
European Users
If any provision of these Terms should be or become void, invalid or ineffective, the parties shall endeavour to find amicably a valid and effective provision to replace the void, invalid or ineffective provision.
In the event of failure to agree within the above terms, if permitted or provided for by the applicable law, the void, invalid or ineffective provision will be superseded by the applicable statutory provision.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not render the entire Agreement null and void, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on one of the parties.
Applicable Law
The Terms are governed by the law of the place where the Holder is established, as set out in the relevant section of this document regardless of conflict of law rules.
Competent jurisdiction
Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Owner is established, as set out in the relevant section of this document.
Resolution of disputes
Amicable settlement of disputes
Users may report any disputes to the Owner, who will attempt to resolve them amicably. Without prejudice to Users' right to take legal action, in the event of disputes concerning the use of raschaudio.com or the Service, Users are requested to contact the Owner at the contact details indicated in this document. The User may address a complaint to the email address of the Owner indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned. The Owner will process the request without undue delay and within 10 days of receipt.
Definitions and legal references
raschaudio.com (or this Application)
The facility that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Voucher
Any digital or paper code or voucher enabling the User to purchase the Product at a discounted price.
European (or Europe)
Defines a User physically present or headquartered in the European Union, regardless of nationality.
Standard revocation form
Addressed to:
raschaudio di Simone Luigi Fagnani - via leopardi, 12 - 20003 Casorezzo MI
info@raschaudio.com
I/We hereby give notice of termination of my/our contract of sale of the following goods/services:
_____________________________________________ (insert here a description of the goods/services from whose purchase you intend to recede)
- Ordered on: _____________________________________________ (insert date)
- Received on: _____________________________________________ (insert date)
- Name of consumer(s):_____________________________________________
- Address of consumer(s):_____________________________________________
- Date: _____________________________________________
(sign only if this form is notified in paper version)
Holder (or Us)
Means the natural or legal person who provides raschaudio.com and/or offers the Service to Users.
Product
A good or service that can be purchased through raschaudio.com, such as a tangible good, digital files, software, booking services etc.
The sale of a Product may be part of the Service, as defined above.
Service
The service offered through raschaudio.com as described in the Terms and on raschaudio.com.
Terms
All terms applicable to the use of raschaudio.com and/or the provision of the Service as described in this document as well as any other related document or agreement, in its most current version respectively.
User (or You)
Means any natural person who uses raschaudio.com.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity.