These terms and conditions govern the sales of products on the www.swimmingsoundsystem.com website and regulate their use.
The Seller reserves the right to amend these Terms and Conditions of Sale and the Privacy Policy from time to time, for example as a result of changes to legislation or
regulations or to the functions of the Site. The aforementioned changes will be made known to Users through the Site with a specific notice and for a duration of 10 (ten)
days from the date of the change.
The online sale of products on the Site is governed by the provisions of the Consumer Code Legislative Decree no. 206/2005 and the Electronic Commerce Code Legislative Decree no. 70/2003.
The following are the Terms and Conditions of Sale applicable to any Product sold on the Site.

ARTICLE 1 DEFINITIONS

For the purposes of this contract:
Seller: Mausound di Berselli Roberto with registered office in Modena, Via Rubes Triva 83, VAT no. 02563010368, email: mausound@pec.it
Terms and Conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.
Platform or Site: www.swimmingsoundsystem.com
Users: any person who accesses the Site and continues browsing it
Customer: any person who purchases products sold through the Site
Consumer: the natural person acting for purposes other than professional activity or entrepreneurial
Professional: the natural person or legal entity acting in the exercise of itsventrepreneurial and commercial activity and purchasing with a VAT number
Products: retail sale, in electronic commerce, mainly of music sound systems for making music in water
Purchase Order or Order: the purchase proposal made by the User through the procedures of the Site and in particular through the Shopping Cart.
Purchase: the onerous purchase of the above-mentioned products from the day the  purchase is concluded.
Shopping cart: the phase of the purchasing procedure in which the User formulates his or her purchase proposal, selecting the methods of payment, delivery of goods and the like.

ART. 2 SUBJECT

These Terms and Conditions of Sale concern the products referred to in Article 3 below and are valid between the Seller and any User who makes a purchase on the Site as a Consumer in accordance with the regulations in force. Should one of the conditions prove to be null and void or ineffective, any nullity or ineffectiveness shall not extend to the remaining clauses of these Terms and Conditions.

ARTICLE 3 DESCRIPTION OF PRODUCTS

The Site is engaged in the retail sale, under the Electronic Commerce regime, mainly of Music Sound Systems for making music in water. All products offered are described and illustrated within the Site, in their respective sections. The images of the Products on the Site are for demonstration and illustration purposes and are represented as best as possible. However, there may be some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the actual Product. Therefore, the photographs of the Products presented on the Site do not constitute a contractual element, as they are merely and symbolically representative of the Product sold. In view of this particular method of sale, Users are warned that any discrepancies between the representations of the Products on the Site and the Products actually delivered can only be contested if they are considerable.

ARTICLE 4 PRICES AND ANCILLARY CHARGES

The prices of the Products are displayed in euros. In particular, they will be shown in detail in the shopping cart:

• the price of the Product;
• delivery costs.

The Seller undertakes to constantly check that all prices indicated on the Site are correct, without, however, guaranteeing the absence of errors. In the event that an error is found in the price of a product, the Seller shall allow the Customer the option
of purchasing the product at the correct price or cancelling the order. Prices in the online shop may vary. In such cases, the prices published at the time of the order in the online shop shall be taken into account. The seller reserves the right to implement special sales conditions or promotions on the Products present on its website also in compliance with the dictate of Article 17 bis of the Consumer Code.
The conditions applied to promotions will be governed from time to time by the Seller by means of specific written notices published on the site.
In the event of a computer, manual, technical or any other error that results in a substantial change, not foreseen by the Seller, in the sale price to the public, which makes it exorbitant or clearly derisory, the purchase order shall be considered invalid and cancelled and the amount paid by the Customer shall be refunded within 14 days
from the day of cancellation, subject to notification to the Customer.
The Seller reserves the right to verify and assess the correctness and good faith of the customer, especially in the case of the use of promotions or discount coupons.
Should the customer’s behaviour prove to be unlawful and incorrect, the Seller shall promptly notify the customer and proceed with the cancellation of the purchase
order.

ARTICLE 5 REGISTRATION

In order to be able to make purchases at the Site, the User may make a special registration, through which he shall enter his personal data.

The User wishing to register on the Site must provide all the data requested and is  responsible for their truthfulness and correctness.
By accessing the personal area, the Customer may register on the Site and proceed to purchase online – receive newsletters – download manuals for the use of the equipment. The e-mail address given during registration enables the Seller to notify the User of all messages relating to the Services, Products and the Site in general.
The use of temporary e-mails for registration is prohibited. In cases of abuse, the Seller reserves the right not to accept the registration, to revoke the same, as well as to report for action to the competent Authorities.
All transmitted data will be treated in the utmost respect of privacy protection regulations. The Seller will use them to complete orders and only if explicit consent is given in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.

ARTICLE 6 PURCHASE PROCEDURE AND CONCLUSION OF SALE

The User may purchase all the Products offered for sale on the Site, as described in the relevant information sheets, by following the purchase procedures set out on the Site itself. When purchasing Products, the Customer shall follow all the instructions  contained in the relevant page of the Site. The Customer shall place the Product he/she wishes to purchase in the appropriate “Shopping Cart” and, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal, and the Privacy Policy, shall select the desired payment method and proceed with the payment.
The applicable Terms and Conditions are those in force at the time of the Order and can be found on the Site. The contract stipulated between the Seller and the Customer shall be deemed concluded with the acceptance of the Order by the Seller.
Acceptance of the Order will be communicated by the Seller to the Customer by means of an email, sent to the email address communicated. The Seller reserves the right to evaluate the acceptance of orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or that entail the delivery of the Products ordered in certain geographically inconvenient areas.
The Seller shall inform the Customer of any inability to accept orders received as soon as possible after the Customer has placed the Order and shall refund any sums already paid by the Customer for payment of the Products. Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the Seller’s non-
acceptance, even partial, of an Order is excluded.

ARTICLE 7 TERMS OF PAYMENT

The payment methods available on the Site are as follows:

1. Payment by Bank Transfer: In this case, the Order shall be deemed completed when the Seller receives the actual crediting to his bank account, which must take place within two to three working days after its execution. After this deadline, the Order shall be deemed automatically  cancelled. Dispatch of the Order shall only take place upon actual crediting of the sum due on the Seller’s bank account.The Bank Transfer shall indicate the reason for payment, the Customer’s name and surname, and the order number. The transaction may be made to the bank details
   that shall be sent by e-mail by the Seller.
2. PayPal: If the customer chooses to pay via the PayPal platform, at the time of payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or by creating a new account easily and immediately. PayPal protects the buyer’s information as no financial information is passed on. A  confirmation e-mail from PayPal will be sent with each transaction performed using this method. The order amount is debited from your PayPal account when the order is taken. In case of cancellation the amount is refunded to the customer’s PayPal account.

ARTICLE 8 SHIPPING AND DELIVERY TIMES

All orders are processed and delivered on weekdays (Monday-Friday, excluding holidays). Orders placed on Saturdays and Sundays will not be processed until the following Monday.
For each order placed on the Site, the Seller shall issue a receipt for the goods shipped. For the issuance of the receipt, the information provided by the Customer at the time of the order shall be binding. No change in the receipt shall be possible after it has been issued.
The order processing time is 7 working days from the order in Italy unless there are problems with shipping materials and 15 days for any shipments to Europe.
The Vendor shall not be liable for unforeseeable delays, it being understood that, except in cases of force majeure, the Products shall be delivered within a maximum period of 30 (thirty) days from the day following the day on which the Customer has transmitted the order unless the Vendor notifies the Customer within the same period of the unavailability, even temporary, of the products ordered.
In the event of product unavailability, the amount already paid by the Customer shall be refunded within 14 days of the aforementioned communication. For each order placed on the Site, the Seller shall issue a receipt for the goods shipped. For the issuance of the receipt, the information provided by the Customer at the time of the
order shall be authentic. No change in the receipt shall be possible after it has been issued.
The Seller will deliver the purchased Products by specialised carriers, with standard service, from Monday to Friday, excluding public holidays and national holidays. The Products shipped in Italy are delivered within 3-5 working days and within 7 working days in less favoured areas and islands. Products shipped within the European Union are delivered approximately within 5-8 working days from shipment. The delivery terms indicated above are purely indicative and not essential. Any variations to the above will be promptly communicated to the Customer by e-mail.

No indemnity may be claimed from the Seller in the event of damage due to delay and/or interruption and/or total or partial suspension of deliveries that are not the fault of the Seller. This also applies to delays, interruptions or suspensions due to causes such as, but not limited to, work interruptions, labour unrest, delays attributable to suppliers, energy shortages, suspension of transport.
At the time of shipment of the package, a tracking number will be sent by email, which will enable the Customer to follow the entire route of the shipment by going to the carrier’s Site. At the time of delivery, the Customer acknowledges and accepts that a person expressly delegated by him/her shall be present or shall be present, releasing the Seller from any liability.
At the time of delivery, the Customer shall check that the number of packages delivered corresponds to the number indicated in the transport document and that the packaging is intact, undamaged, not wet or in any way altered, including the sealing materials. In the event that a product arrives that has been damaged during transport or is different from the one ordered, the Customer must sign the goods receipt document presented by the courier, always inserting the wording "ACCEPTED WITH RESERVE BECAUSE DAMAGED". This will make it easier and quicker to obtain any refunds for damage attributable to transport. In addition, the Customer shall
make photographs of the package and goods so that any damage can be proven. The Customer may ask the Seller by e-mail assistenza@swimmingsoundsystem.com for a replacement and the Seller shall send back the correct product and collect the product to be replaced from the Customer’s home and at the Customer’s expense.
The Customer shall only have to prepare the goods for collection carefully packed and complete with all its parts, including the transport documents. In any event, he shall be contacted as soon as possible by the Seller to be informed of the time required to replace the product.

ARTICLE 9 RIGHT OF WITHDRAWAL

All purchases made by the consumer customer at the Site are covered by the right of withdrawal guarantee, which gives the customer the opportunity to return, for whatever reason, the purchased product and to be reimbursed within 14 days.
In order to exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to notify the Seller of the intention to withdraw in whole or in part from the purchase by means of any explicit declaration to this effect by e-mail assistenza@swimmingsoundsystem.com. Within the same term, the Customer must arrange, using a shipping method of his choice, for the goods to be shipped back in their original packaging, undamaged and in perfect condition complete with all their parts, and carefully packed to the Seller’s premises.
The package must include all documents received. We recommend insuring the shipment against theft and transport damage. C.O.D. packages will not be accepted.
The only costs required are those related to the return of the product.
Upon receipt of the goods, once the integrity of the returned Product has been verified, within and no later than 14 days, the Seller will refund the cost of the goods shipped. Costs incurred in returning the goods are excluded from the refund. For purchases made with the same payment methods. In order to exercise the Right of Withdrawal, the Customer must keep the original packaging. Insurance against damage is recommended as the product is fragile. The risks of transport for the return of the Products are fully borne by the Customer.
The Customer expressly acknowledges and accepts that:

• The right of withdrawal does not apply to products received more than 15 working days ago (in which case the return of the goods will be refused).
• The right of withdrawal cannot be exercised if the purchased products have been used, even partially assembled, damaged.
• The right of withdrawal is excluded in the case of the purchase of packaged products, the original packaging of which has been tampered with or damaged by the Customer or the purchase of custom-made or clearly personalised articles or which, by their very nature, cannot be returned or are liable to deteriorate or alter rapidly or the purchase of handcrafted, finished, polished and packaged articles commissioned by the Customer.
• The right of withdrawal is excluded in the case of the purchase of packaged and sealed products that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.

ARTICLE 10 LEGAL GUARANTEE

The Consumer Customer is entitled to the legal guarantee of 24 months pursuant to Legislative Decree 206/2005 and its subsequent amendments. In the event of receipt of Products that do not conform to the orders or are defective, the Customer shall notify the Seller by e-mail, attaching any photographs and details. In order to benefit from the guarantee, it is necessary to show the purchase documents.
In the event of a lack of conformity of the goods, the consumer has the right to:

• the restoration of compliance,
• or to the proportional reduction of the price,
• or termination of the contract.

ARTICLE 11 FORCE MAJEURE

The Seller assumes no liability for inefficiencies attributable to force majeure that prevent, in whole or in part, the execution of the contract on time. The Seller shall not be liable to the Customer for any damages, losses and costs incurred as a result of the non-execution or delayed execution of the contract, the Customer being entitled only to a refund of the price paid.
The Vendor shall not be liable for damages resulting from disconnections, interruptions of the Site, or the loss of data consequently occurring and attributable to the Vendor.
In the event of force majeure, execution of the Order will be suspended.
This suspension may last for a maximum period of 3 (three) months, after which the Parties may decide whether to continue or cancel the Order.

ARTICLE 12 INTELLECTUAL AND INDUSTRIAL PROPERTY

The Site (and its content and graphics), the trademark, the domain name, the related sub-domains and all intellectual and industrial property rights relating thereto, are the exclusive property of the Seller, are reserved by the Seller and are not and shall not be transferred or licensed under any circumstances to the Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute, retransmit also to other websites, transfer or otherwise make available to third parties for any reason whatsoever, or otherwise use for purposes other than storage and/or consultation the Sites and/or the Contents of the Site, without the prior express and formal approval of the Seller.

ARTICLE 13 FAILURE TO EXERCISE A RIGHT

The Seller’s failure to exercise a right does not constitute a waiver of its right to take action against the Customer or any third party for breach of obligations. The Seller therefore reserves the right to enforce its rights in any case, within the terms granted.

ART. 14 PROCESSING OF PERSONAL DATA (PRIVACY)

The Personal Data provided or acquired will be subject to processing based on principles of correctness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Seller, in its capacity as Data Controller, processes the Users’ Personal Data by adopting appropriate security measures aimed at preventing unauthorised access, disclosure, modification or destruction of Personal Data. The Processing is carried out using computer and/or telematic tools, with organisational methods and logics strictly related to the purposes indicated. The User’s Data are collected for the execution of pre-contractual measures; to fulfil  the obligations deriving from the stipulated contract; for the registration procedure aimed at the purchase of Products; to follow up on specific requests made to the Controller by the User; to send promotional and commercial information and offers also through the newsletter service on the basis of the User’s freely expressed consent; for soft spam purposes for promotional communications concerning the Products purchased without the need for the User’s express and prior consent, as provided for by art. 130, 4 paragraph, Privacy Code as novated by Legislative Decree no.101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to their processing where required (Cookie Policy).

ARTICLE 15 APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed entirely by Italian law.
Any disputes arising in connection with the validity, interpretation, execution and termination of the contracts concluded online by the Consumer-Client with the Seller shall fall under the exclusive jurisdiction of the court of the place of residence of the Consumer (so-called consumer’s court).

ARTICLE 16 DISPUTE RESOLUTION

According to Article 49(1)(V) of Legislative Decree No. 206/2005 (Consumer Code), the Consumer-Client may have recourse to the Joint Conciliation Procedure (ADR).
Pursuant to Article 14 of Regulation 524/2013, in the event of a dispute, the Consumer-Customer may file a complaint via the European Union’s ODR platform.
For further information, please contact the Seller.

ARTICLE 17 COMMUNICATIONS

For further information of any kind, please contact the seller at: assistenza@swimmingsoundsystem.com.

Pursuant to Articles 1341 and 1342 of the Civil Code, the Customer declares that he/she has carefully read and accepted all the clauses of these Terms and Conditions of Sale and in particular those of Articles 3, 4, 8, 9, 11 and 15.