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. With regard to the processing of personal data, Regulation (EU) 2016/679 (GDPR), Italian Legislative Decree No. 196 of 30 June 2003, as amended by Italian Legislative Decree No. 101 of 10 August 2018, as well as the provisions set out in the Privacy Policy published on the Website, shall apply.

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

Submitting an order through the Website entails having reviewed, understood and fully accepted these General Terms and Conditions of Sale. By completing the order, the Customer declares that they have read all the pre-contractual information made available by the Seller in accordance with the applicable legislation. The applicable General Terms and Conditions are those published on the Website at the time the order is submitted and shall continue to apply to the relevant contract even if they are subsequently amended. The sales contract shall be deemed concluded when the Seller accepts the Customer’s order by sending the relevant confirmation by email.

The Seller reserves the right not to accept one or more orders, notifying the Customer without undue delay, including, by way of example, in the following cases:

  • the product is unavailable;
  • there is a material error in the price or product description;
  • payment authorisation cannot be obtained;
  • the Customer’s details are incomplete or manifestly inaccurate;
  • there is a suspicion of fraud or unlawful use of payment instruments;
  • delivery cannot be made to the address provided;
  • force majeure events occur.

In such cases, the Customer shall only be entitled to a refund of any amounts already paid, without any further compensation or damages.

The Customer is required to retain a copy of these General Terms and Conditions of Sale, which are available at any time on the Website.

3. LEGAL AGE

The purchase of products offered on the Website is permitted exclusively to persons who are at least eighteen years of age and have the legal capacity to enter into binding contracts under the applicable law. By placing an order through the Website, the Customer represents and warrants that they meet these requirements. If the Seller becomes aware that an order has been placed by a person who does not meet the above requirements, the Seller may reject the order or terminate the contract and refund any amounts already received.

4. CUSTOMER OBLIGATIONS

Before submitting the order, the Customer is required to read these General Terms and Conditions of Sale carefully and expressly accept them through the appropriate procedure provided on the Website. Where account registration is required, the Customer undertakes to provide complete, truthful, accurate and up-to-date information and assumes full responsibility for any inaccurate, incomplete or outdated information provided. The Customer is also required to keep their login credentials confidential and shall be responsible for all activities carried out through their account, unless they can demonstrate that the account was used fraudulently through no fault or negligence on their part. The Customer undertakes to provide an accurate shipping address, a valid telephone number and a valid email address, as required for the proper performance of the contract. The information provided by the Customer shall be used exclusively for the performance of the contract, compliance with legal obligations and any additional purposes specified in the Privacy Policy published on the Website. The Customer is responsible for the accuracy of the information provided. The Seller shall not be held liable for delays, failed deliveries or any other issues resulting from inaccurate, incomplete or outdated information supplied by the Customer.

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 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

The Customer may make payment using the methods indicated on the Website at the time the order is placed. The available payment methods may be changed by the Seller at any time without prior notice, provided that, for each order, only the payment systems available at the time the contract is concluded may be used.
In the event of payment via PayPal, Stripe, credit card, debit card or other payment service providers, the Customer’s financial data will be processed directly by the relevant service provider in accordance with its respective contractual terms and privacy policies.
Oldstore neither stores nor has access to the complete payment card details used by the Customer.
In the event of payment by bank transfer, the goods will be shipped only after the relevant amount has been effectively credited to the Seller’s bank account.
Any refunds will be made in accordance with these General Terms and Conditions of Sale and the applicable legislation, using, where possible, the same payment method used by the Customer for the original transaction.

9. RIGHT OF WITHDRAWAL

Pursuant to Articles 52 et seq. of Italian Legislative Decree No. 206 of 6 September 2005 (the Consumer Code), as subsequently amended, Customers who qualify as Consumers pursuant to Article 3 of the same decree have the right to withdraw from the purchase contract, without providing any reason and without incurring any penalty, within 14 (fourteen) calendar days.

The withdrawal period begins on the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the goods.

To exercise the right of withdrawal, the Customer must inform:

Oldstore
Via Milano 18
38030 Roveré della Luna (TN) – Italy
Email: info@oldstore.it

by means of an explicit statement setting out the decision to withdraw from the contract, using one of the following methods:

  • by clicking the “Withdraw from the order” button, available in the Customer’s personal account area and accessible from the order page;
  • by sending a communication to info@oldstore.it;
  • by using any standard withdrawal form made available on the website, the use of which remains optional.

The exercise of the right of withdrawal is not conditional upon the use of any specific method among those indicated above.

Oldstore will acknowledge receipt of the withdrawal notice without undue delay on a durable medium, for example by email.

To comply with the withdrawal deadline, it is sufficient for the communication concerning the exercise of the right of withdrawal to be sent before the withdrawal period expires.

Consequences of withdrawal

In the event of withdrawal, Oldstore will reimburse all payments received from the Customer, including any standard delivery costs incurred for shipping the goods, with the exception of any additional costs resulting from the Customer’s choice of a delivery method other than the least expensive standard delivery method offered by Oldstore.

The reimbursement will be made without undue delay and, in any event, within 14 (fourteen) days from the day on which Oldstore is informed of the Customer’s decision to withdraw from the contract.

Pursuant to Article 56(3) of the Consumer Code, Oldstore may withhold the reimbursement until it has received the goods or until the Customer has provided evidence that the goods have been shipped, whichever occurs first.

After receiving the goods, Oldstore will promptly verify the completeness of the items supplied and the condition of the product, solely for the purpose of determining any reduction in value resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods, pursuant to Article 57(2) of the Consumer Code.

The reimbursement will be made using the same means of payment used by the Customer for the original transaction, unless otherwise expressly agreed between the parties, and will not result in any additional costs for the Customer.

The Customer must return the goods within 14 (fourteen) days from the date on which the withdrawal was communicated.

The direct costs of returning the goods shall be borne by the Customer.

The Customer shall only be liable for any reduction in the value of the goods resulting from handling other than that necessary to establish their nature, characteristics and functioning.

The right of withdrawal applies exclusively to the purchased product in its entirety and may not be exercised solely in relation to individual parts, components or accessories thereof.

The goods must be returned complete with all accessories, manuals, documentation, packaging and any other items originally supplied. In order to preserve their integrity during transport, Customers are advised, where possible, to use the original packaging together with suitable protective packaging and to avoid applying labels or adhesive tape directly to the original packaging.

The shipment of the returned goods remains the Customer’s responsibility until delivery to Oldstore’s premises. Oldstore shall not be liable for any damage, theft or loss occurring during the transport of the returned goods.

If, following inspection, the goods are found to be incomplete, missing accessories or documentation originally supplied, or show damage or alterations not attributable to the handling necessary to establish their nature, characteristics and functioning, Oldstore may reduce the reimbursement solely by an amount corresponding to the actual reduction in the value of the goods, as provided for under Article 57(2) of the Consumer Code.

The right of withdrawal is reserved exclusively for Consumers, as defined in Article 3 of the Consumer Code, and does not apply to purchases made by professionals, businesses, craftspeople, retailers or persons acting in the course of their business, commercial, craft or professional activities.

Pursuant to Article 59 of Italian Legislative Decree No. 206 of 6 September 2005 (the Consumer Code), the right of withdrawal is excluded in the cases provided for by law, including, by way of example and without limitation:

  • the supply of goods made to the consumer’s specifications or clearly personalised;
  • the supply of sealed audio or video recordings and sealed computer software which have been unsealed after delivery;
  • any other case of exclusion expressly provided for under Article 59 of the Consumer Code.

Purchases made from countries outside the European Union

The right of withdrawal governed by this Article is recognised exclusively in the cases provided for under Italian Legislative Decree No. 206 of 6 September 2005 (the Consumer Code) and the applicable legislation.

For orders shipped to countries outside the European Union, unless otherwise required by mandatory provisions of the law of the destination country or otherwise agreed in writing with Oldstore, no right of withdrawal is granted.

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 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 email at info@oldstore.it or 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.

Purchases Made from Countries Outside the European Union

The provisions of this article concerning the legal guarantee shall apply exclusively in the cases provided for by Italian Legislative Decree No. 206 of 6 September 2005 (the Italian Consumer Code) and by the applicable legislation.
For orders shipped to countries outside the European Union, unless otherwise required by mandatory provisions of the law of the country of destination or otherwise agreed in writing with Oldstore, the legal guarantee of conformity governed by the Italian Consumer Code shall not apply.
In any event, Oldstore shall remain liable for the delivery of an item that is different from the one ordered or that is manifestly inconsistent with the description published on the Website.

12. PRIVACY

The Customer’s personal data shall be processed in compliance with Regulation (EU) 2016/679 (GDPR), Italian Legislative Decree No. 196 of 30 June 2003, as amended by Italian Legislative Decree No. 101 of 10 August 2018, as well as with the applicable legislation on personal data protection.
The methods and purposes of the processing, together with the rights of the data subject, are described in the Privacy Policy published on the Website, which forms an integral part of the contractual documentation.

13. DISCLAIMER

Oldstore sells its own products and third-party products without being their manufacturer, unless otherwise expressly stated.The technical information, specifications and features published on the Website are prepared with the utmost care, based on the available documentation and the checks carried out by the Seller. The Seller shall not be liable for any errors, omissions or inaccuracies attributable to information originally provided by manufacturers or third parties.
Vintage and used products may show normal signs of wear, cosmetic variations, age-related patina or construction features typical of their period of manufacture, which shall not be regarded as defects.

The Customer is responsible for verifying the compatibility of the purchased product with their audio system, the electrical supply in the destination country and any other components used.

Oldstore shall not be liable for damage resulting from:

  • improper use of the product;
  • incorrect installation;
  • modifications made by the Customer or third parties;
  • use contrary to the product’s stated intended purpose;
  • normal wear and tear;
  • force majeure events.

Except in cases of wilful misconduct or gross negligence, the Seller’s liability shall not exceed the purchase price of the product.

14. COPYRIGHT

All content available on the Website, including, by way of example:

photographs;
videos;
descriptions;
texts;
logos;
trademarks;
graphics;
layout;
source code;
technical documentation;

is owned by Oldstore or by the respective rights holders and is protected by national and international intellectual property laws. Any reproduction, including partial reproduction, is prohibited without prior written authorisation.

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.