1. SUBJECT MATTER
These General Terms and Conditions of Sale govern the purchase of products made by the consumer (hereinafter the Customer) remotely via the internet on the website www.oldstore.it, hereinafter referred to as the Website. Every transaction carried out shall be governed by the provisions of Legislative Decree 206/2005 and, with regard to data protection, shall be subject to the provisions of Legislative Decree 196/2003.
Some products on this website are second-hand appliances, manufactured prior to the entry into force of current European regulations and lacking the CE marking. These items are intended exclusively for collection, decorative or display purposes, and must not be actively used by the consumer, as they do not comply with current regulations regarding safety, electromagnetic compatibility and essential legal requirements. Non-compliance with CE standards is explicitly stated at the time of sale, and the Customer acknowledges this by fully accepting these Terms and Conditions.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
In order to complete the order confirmation procedure, the Customer is required to review, read and unconditionally accept the general terms and conditions and payment terms set out below, undertaking to comply with them in their dealings with Oldstore (hereinafter referred to as “the operator”), whilst simultaneously declaring that they have reviewed and accepted all the information provided, in accordance with the provisions referred to above, and acknowledging that the operator is not bound by any terms other than those agreed in writing. The operator considers the contract to be definitively concluded, except in cases of return or withdrawal, upon delivery of the product to the courier, which is subject to product availability and payment having been made. All orders sent to the operator are subject to acceptance by the latter. The operator may, at its sole discretion, decide to cancel any order at any time. The applicable General Terms and Conditions of Sale are those in force at the time the order is placed. Any amendments shall take effect upon publication on the Website. Once the online purchase procedure has been completed, the Customer shall, at their sole responsibility, print or save an electronic copy and in any event retain these General Terms and Conditions of Sale, in accordance with the provisions of Articles 50 et seq. of Legislative Decree No. 206/2005 and subsequent amendments and additions.
3. LEGAL AGE
By purchasing products from the operator, the Customer declares that they are over 18 years of age. Should the operator in any way ascertain that the requirement of being of legal age has not been met, the operator will not accept the order.
4. CUSTOMER OBLIGATIONS
These Terms and Conditions of Sale must be reviewed by Customers of the Website prior to confirming their purchase. The order confirmation cannot therefore be submitted without full knowledge of and acceptance of the Terms and Conditions of Sale. To use certain services or features available on the Website, you must register. Upon registration, you are required to provide personal information that is true, accurate and complete in all respects. In particular, customers must provide, under their own responsibility, their real name, telephone number, email address and other requested information, as indicated. Furthermore, when asked to provide payment details, the user must declare and guarantee that the payment details are valid and correct. The information provided by the Customer regarding their identity, age, tax code, payment method and delivery address will be used by the operator to fulfil the obligations set out in the sales contract. The operator shall not be liable in any way for incorrect information or for the consequences arising from incorrect information.
5. PURCHASE PROCEDURES
The Website is an online platform for the sale of hi-fi products and accessories. The purchase of products, available as illustrated and described on the Website in the relevant detailed product pages, is made by the Customer at the price indicated, plus any delivery charges, as specified below, and, where applicable, collection fees. The Products are depicted and displayed on the Website accurately and in accordance with their actual characteristics. However, the operator cannot guarantee that the images and colours as they appear on the Customer’s screen will correspond exactly to reality. Before confirming the order, the Customer will be shown a summary of the unit price of each product selected, the total cost in the case of purchasing multiple products, and the delivery charges. Upon confirming the order, thereby completing the contract, the Customer will receive an email containing the order number and date.
6. PRICE AND TAXATION
The prices of the items shown on the website are valid for all orders originating from Italy. Prices may be subject to change due to any promotions. The price valid for the purposes of the contract is that visible at the time the order is placed. As the sale of goods via the Website constitutes indirect e-commerce, it is subject to the tax treatment applicable to mail-order sales. This type of sale requires the recording of the amounts received from such sales in the relevant register. The operator therefore records the sales made in the sales register, whilst the tax receipt will be issued after the goods have been dispatched. In the case of an invoice (for second-hand goods with VAT not shown separately, see Article 36 of Decree Law 41/96), notification must be given before or at the time of payment. Late requests cannot be accommodated.
7. ORDER AND DELIVERY
The order is deemed to be finalised by means of “point and click” (pressing the “confirm” and/or “accept” button) and subject to acceptance of the Terms and Conditions of Sale; by carrying out the aforementioned action, the Customer declares that they have read and understood the Terms and Conditions of Sale and therefore waives any objection regarding their knowledge of the same. If the order is correctly completed, the Customer will receive a confirmation email containing the order number within 24 hours. Otherwise, it will be necessary to repeat the purchase procedure. Upon Order Confirmation, the operator undertakes to supply the Customer with the Products, subject to the terms and conditions set out in these Terms and Conditions of Sale, without prejudice to the operator’s right not to process orders from parties who do not provide sufficient guarantees of solvency. The operator may only accept orders for delivery to the national territories indicated in the options on the order form. The operator reserves the right not to accept orders for delivery to islands or remote locations. Oldstore delivers products both within Italy and abroad. Any customs clearance charges for shipments outside the European Union are entirely at the Customer’s expense.
We do not accept deliveries to PO boxes. The operator will dispatch the products ordered by the Customer, via courier, to the address provided by the Customer.
The operator generally has all products listed on the website in stock.
Should a product be out of stock or unavailable for any reason, the operator undertakes to notify the Customer of the timeframe within which the order will be fulfilled, or, if the product cannot be sourced, to offer the Customer an equivalent product, or to cancel the order and refund the payment. The courier is responsible for delivery. The operator undertakes to collect any reports of non-delivery or delayed delivery of products via Customer Services and, where appropriate, to assist the Customer in safeguarding their rights as provided by law. Unless otherwise specified by our Customer Services, delivery is understood to be at street level.
Upon delivery of the goods by the courier, the Customer is required to check:
- that the number of packages delivered corresponds to that indicated in the delivery note sent in advance by email;
- that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal strapping).
Any damage to the packaging and/or the product, or any discrepancy in the number of packages or the details provided, must be immediately reported by writing ‘SUBJECT TO INSPECTION’ on the courier’s delivery note. Once the courier’s document has been signed, the Customer may not raise any objection regarding the external condition of the goods delivered. Any issues regarding the physical condition, correctness or completeness of the products received must be reported within 7 days of delivery, by email, to info@oldstore.it. In the event of failure to collect the goods held in the courier’s warehouses within 5 working days due to repeated inability to deliver to the address provided by the Customer at the time of ordering, the order will be automatically cancelled; in such cases, the operator will refund the amount received as payment, net of the costs for the attempted and unsuccessful delivery and any storage costs.
Shopping Tips: Please check
that you have entered your details correctly: it is important that the address provided is easily traceable by the courier. If the Customer is absent, the courier will attempt a new delivery, leaving a delivery notice on both occasions containing all the details needed to contact the courier. The cost of the delivery notice is €2.15 per day. If you do not expect to be present for delivery, you can specify an alternative address when completing your order.
Please ensure you have entered your telephone number and email address correctly: should there be any issues with the processing or delivery of your order, it is important that we can contact you to arrange any necessary changes. In the days following your order, please check your email: we may have sent you a message regarding the processing of your order. The operator guarantees the utmost protection of confidential information and sensitive data (see our “Privacy” page). The charge to your credit card will be made in the operator’s name.
8. PAYMENTS
Payment for the products purchased and the related shipping costs must be made by the Customer:
Payment via PayPal
Payment for Products purchased on the Website may be made via the PayPal payment solution. If the user chooses PayPal as the payment method, they will be redirected to the website www.paypal.it where they will complete the payment for the Products in accordance with the procedure established and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with Oldstore. Oldstore is therefore unable to access and does not store in any way the credit card details linked to the user’s PayPal account or the details of any other payment method associated with that account.
In the case of payment via PayPal, the Total Amount Due will be charged by PayPal to the user at the time the contract is concluded via the Website. In the event of termination of the purchase contract and in any other case of refund, for whatever reason, the amount of the refund due to the user will be credited to their PayPal account. The time taken for the refund to be credited to the payment method linked to that account depends solely on PayPal and the banking system. Once the credit order has been issued in favour of that account, Oldstore cannot be held liable for any delays or omissions in crediting the refund amount to the user; to raise any complaints regarding this, the user must contact PayPal directly.
Bank transfer
In the case of payment by bank transfer, once the order has been completed, the user must make the payment to the bank account provided, stating the model and product code in the reference field.
In the case of payment by bank transfer, the delivery times for the Product indicated in the Product Description and/or on the Website shall commence from the date of receipt of the transfer by Oldstore and not from the date the order is placed, as is the case when you choose other payment methods.
9. RIGHT OF WITHDRAWAL
If the Customer is a “Consumer”, as defined in Article 3 of the Consumer Code (Legislative Decree No. 206 of 6 September 2005, as amended and supplemented), they are entitled to the rights set out in Articles 52 et seq. of the Consumer Code, as amended by Legislative Decree No. 21 of 21 February 2014, and therefore the right to withdraw from the Purchase Contract (hereinafter the “Right of Withdrawal”) for any reason, without explanation and without penalty, in accordance with the procedures set out below, with the exception of product categories for which this is expressly excluded and subject to the provisions set out below. The right of withdrawal may be exercised within 14 calendar days of receipt of the product in the following manner:
- The Customer shall send a registered letter with acknowledgement of receipt, addressed to: Oldstore, via Milano 18, 38030 Roveré della Luna (TN). The notification may be sent, within the same period, by telegram or email to the email address info@oldstore.it
- Customer Services will contact the Customer via email to authorise the return.
- The product must be returned within 20 working days of the date of receipt of the authorisation. The refund of the price paid for the purchase of the product does not include shipping costs and PayPal transaction fees, which remain entirely at the expense of the Customer wishing to withdraw from the purchase.
No returned goods will be accepted without prior authorisation. The right of withdrawal is, however, subject to the following conditions:
- the right applies to the product purchased in its entirety; it is not possible to exercise the right of withdrawal for only part of the purchased product (e.g. components, accessories, etc.);
- the purchased goods must be intact and returned in their original packaging, complete in all their parts (including packaging and any documentation and accessories: manuals, etc.); in all cases, the application of labels or adhesive tape directly onto the product’s original packaging must be avoided;
- the customer is responsible for the shipping costs of the goods;
- the shipment, until proof of receipt in our warehouse, is the customer’s sole responsibility;
- in the event of damage to the goods during transport, the operator will notify the Customer of the incident (within 5 working days of receipt of the goods at its warehouse), to enable the Customer to take prompt action against the courier of their choice and obtain a refund of the value of the goods (if insured); in this event, the product will be made available to the customer for return, whilst simultaneously cancelling the withdrawal request;
- Oldstore accepts no liability whatsoever for damage to or theft/loss of returned goods;
- upon its return, the product will be examined to assess any damage or tampering not resulting from transport. Should the original packaging and/or wrapping be damaged, the operator will deduct a percentage from the refund due, not exceeding 10% of the refund amount, as a contribution towards restoration costs.
Subject to any restoration costs for confirmed damage to the original packaging, the operator will refund the customer the full amount paid, minus shipping costs, within 30 days of the goods being returned, via a refund of the amount charged via PayPal (in which case the PayPal service fee will be deducted) or by bank transfer. In the latter case, the customer shall be responsible for promptly providing the bank details for the refund (IBAN code of the current account held by the invoice holder). The right is forfeited entirely, due to the lack of the essential condition of the goods’ integrity (packaging and/or its contents), in cases where the operator ascertains:
- the absence of the outer packaging and/or the original inner packaging;
- the absence of integral parts of the product (accessories, components, manuals, etc.);
- damage to the product. In the event of forfeiture of the right of withdrawal, the operator will notify the customer by registered letter with acknowledgement of receipt; the product will remain at the customer’s disposal for a period of 30 (thirty) days from the date of dispatch of the registered letter. Upon expiry of this period, the product will be disposed of without further notice.
The right of withdrawal applies to natural persons and therefore excludes purchases made by retailers and companies.
Pursuant to Article 59(1)(c) of the Consumer Code (Legislative Decree 185/1999), the right of withdrawal does not apply to the supply of goods made to measure or clearly personalised by the customer.
10. LAW APPLICABLE TO THE CONTRACT
For anything not expressly provided for and governed by these terms and conditions of sale, the applicable Italian law on sales contracts and guarantees concerning consumer goods shall apply.
11. COMPLAINTS AND WARRANTIES
Products purchased on the Website are subject, where applicable, to the provisions of Legislative Decree 24/2002 and Legislative Decree 206/2005 and subsequent amendments or additions regarding sales contracts and guarantees concerning consumer goods and, for matters not covered therein, to the specific provisions laid down in this regard by the Civil Code.
All new products sold by the operator are covered by a 24-month warranty for lack of conformity.
For used products, without CE marking and sold expressly as collectibles, display items or decorations, the warranty does not apply in the event of active use that does not comply with the declared intended use, such as, by way of example but not limited to, connection to the mains, operational use or use in functional contexts. The Customer acknowledges and accepts that such goods, even if they are in working order, are not intended for applications requiring compliance with current regulations (e.g. electrical safety, electromagnetic compatibility, the Low Voltage Directive, etc.) and that any other use is undertaken under the Customer’s full and exclusive responsibility.
For used products, the warranty period is set at 12 months in accordance with Article 134 of Legislative Decree 206/2005. To benefit from warranty assistance, the Customer must retain the purchase summary document (or the delivery note) which they will receive at their home address. The Customer must notify the defect or fault found by registered letter with return receipt to the address “Oldstore, via Milano 18, 38030 Roveré della Luna (TN)”, within the statutory time limits, and must follow the instructions provided by the operator for sending the item for repair or replacement in accordance with the following rules. The warranty applies to products that present a lack of conformity, provided that the product itself is used correctly, in accordance with its intended use and the provisions of any technical documentation provided.
This warranty is reserved for private consumers (natural persons purchasing the goods for purposes unrelated to their professional activity). In the event of a lack of conformity, the operator shall, at no cost to the Customer, restore the product’s conformity by replacement or terminate the contract. Replacements in the event of DOA (Dead On Arrival: product not functioning on delivery) shall only take place if expressly provided for by the manufacturer. The time taken for replacement or repair of the product depends exclusively on the manufacturer’s policies. Should the operator, for any reason, be unable to provide the customer with a product under warranty (repaired or replaced), the operator may, at its discretion, refund the full amount paid or replace the product with one of equal or superior specifications. No compensation may be claimed from the operator for any delays in carrying out replacements. Where the application of the warranty requires the return of the product, the item must be returned by the Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, accessories, etc.) to the following address: Oldstore, Via Milano 18, 38030 Roveré della Luna (TN); To minimise damage to the original packaging, we recommend, where possible, placing it inside a second box; under no circumstances should labels or adhesive tape be applied directly to the product’s original packaging. For any queries or complaints, please contact Customer Services.
12. PRIVACY
Information for those interested in purchasing the operator’s products. Personal data will be processed by the operator using computerised systems and with the assistance of third parties linked to the company, exclusively for purposes related to the performance of the contract. Purposes related to the performance of the contract refer, in particular, to all functions connected with and instrumental to the fulfilment of the purchase order, such as the management of the IT system, payment processing, dispatch management, complaint handling, and the sending of informational emails, such as newsletters, updates on offers and the publication of new products. The operator, as the data controller for the Customer’s personal data, also informs you that a more detailed privacy policy regarding data processing, the list of rights granted to the Customer under Legislative Decree 196/2003, and the list of persons appointed by the operator as data processors, are available upon written request. The provision of data is mandatory for all matters required by legal or contractual obligations and, consequently, any refusal to consent to processing may make it impossible for the operator to proceed with the contractual relationship; otherwise, failure to provide data will be assessed on a case-by-case basis by the operator in relation to the management of the commercial relationship. Pursuant to Article 7 of Legislative Decree No. 196/03, the data subject has the right to access their data and to request its correction, supplementation and, where applicable, erasure and blocking. The data controller is Oldstore, Via Milano 18, 38030 Roveré della Luna (TN), in the person of its current legal representative. By completing the “Digital Order Form”, the Customer declares that they have read this privacy policy and gives their consent to the communication and processing of their personal data for the purposes and by the parties indicated in the policy, being aware that in the absence of consent and in the event of proven falsification of the information provided, the order cannot be processed. The operator guarantees the utmost protection of confidential information and sensitive data; the Customer’s personal data will not be sent to any third party without their prior consent (see our “Privacy” page).
13. DISCLAIMER
Oldstore sells the products featured on the Website; it does not manufacture them. The material specifications are those provided by the manufacturer. The operator is not liable for any information incorrectly provided by the manufacturer.
The operator cannot be held liable for damage caused by the incorrect assembly of items. The goods and their packaging may differ slightly from the image published on the website.
The operator cannot be held liable for website malfunctions or service interruptions.
14. COPYRIGHT
The material published on the website may not be copied, reproduced, republished, downloaded, sent or transmitted in any way without the operator’s permission.
15. DISPUTES AND JURISDICTION
The sales contract between the Customer and the operator is deemed to have been concluded in Italy and is governed by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the competent court is that of the Customer’s municipality of residence; in all other cases, the competent court is exclusively that of Trento.
16. MISCELLANEOUS
The operator shall make every effort to fulfil all obligations undertaken under this Contract. It shall in any event be exempt from any liability in the event of delays or failures caused by circumstances beyond our control. In the event of a delay, it shall fulfil the obligations undertaken as soon as reasonably possible. Should either party fail to exercise any of the rights to which it is entitled under this Contract, this shall not constitute a waiver of such rights. Such failure to exercise such rights shall in no way imply a waiver of the right to assert them at a later date.
The invalidity or ineffectiveness of one or more contractual clauses shall in no way affect the validity or effectiveness of the other contractual clauses.