The content of the website www.musiclights.it.it, including texts, documents, trademarks, logos, images, design, their layout and adaptations are owned by Music & Lights and they are regulated by the copyright international law (right of reproduction).
Those contents can be used by third parties exclusively in order to promote Music and Lights s.r.l. and the brands that it distributes, having the obligation to keep the appearance, the composition and the contents intact.
The above contents can be used only through explicit written request to Music & Lights, that keeps its own property on them and may revoke the usage approval to a third party at any time. However, a license to use all of the supporting documentation available in the "Support" section and on the technical product sheets is provided. Music & Lights doesn't state or grant that use of this website contents will not infringe any rights of third parties.
Limits of responsibility
All the information contained on this website are provided “as is” without any express or implied warranty of any kind by Music & Lights as service to our customers. The information are periodically updated and checked with the aim of making them as accurate, current and complete as possible.
Consequently, Music & Lights disclaims any responsibility for the accuracy, updatedness and completeness of every single item of information on this website, and for their fitness for any intended purpose.
Music & Lights disclaim liability for injury, damage, direct or indirect loss, consequential loss and any other economic loss caused by use,
or the impossibility of use caused by access to the website itself.
All access and use is at the user's risk. Music & Lights may make changes to the content and products shown on this website at any time without notice.
General Sale Conditions
Premises. These General Conditions of Sale (the "General Terms and Conditions") govern the Terms and Conditions of Sale for products and services marketed by Music & Lights, towards its customers, who have siege in Italy and abroad.The Customer should read carefully these terms and conditions.
1. Scope. The contractual relationship resulting from the acceptance of each individual order is governed by the standards described in these General Terms of Sale.
The Purchaser waives any other general purchasing conditions, unless otherwise specifically accepted in writing by Music & Lights.
2. Irrevocability of orders. The purchase order is irrevocable and binding for the purchaser, and shall be considered accepted when the purchaser receives formal confirmation thereof from Music & Lights. Once confirmed, the purchase order may not be cancelled without the prior written consent of Music & Lights. In this event, Music & Lights shall have the right to receive a suitable indemnity for the expenses and costs sustained in beginning to fulfill the order. The order is irrevocable by the customer, even if there is a change in selling prices.
3. Prices. The prices indicated in the sale catalogues/price lists are purely indicative, and may change during the validity period of the catalogues/price-lists themselves due to increased production costs. Once confirmed according to the procedures set forth in art. 2, the sale prices indicated in the order shall become binding, except in the event of unforeseen increases in production costs beyond Music & Lights control. In this event Music & Lights shall inform the Purchaser of the price increase.
4. Delivery. Products will be delivered to the Purchaser ex-works (EXW, Incoterms® 2010) from Music & Lights plant (Italy). The costs of packaging the products will be charged to the Purchaser, and billed at cost.Delivery terms are purely indicative unless specifically agreed otherwise. Should the manufacturer be unable to fulfill the order due to circumstances of force majeure, irregular supply of raw materials or other unforeseeable circumstances, the terms of delivery shall be considered extended, and the new terms will be established by mutual agreement between the parties.
5. Complaints. Customers shall report all visible defects, not ascribable to transport, to Music & Lights in writing within eight days from the date of receipt of the goods. In no event shall the recipient be allowed to tamper with the goods, disassemble them or alter their original condition, worth the decay of any liability of Music & Lights. The purchaser undertakes to verify the quantity and state of the shipped packages in confrontation with the carrier or forwarding agent. Any complaints regarding quantity discrepancies or damaged packages must be notified within 8 days from receipt of the goods. No Products may be returned unless previously agreed upon with Music & Lights. In cases of authorized returns, the products must be cleared and returned to Music & Lights plant (Minturno – LT – ITALY). In any case return of items which are not included in the price list currently in force at the time of the request will not be taken into consideration.
6. Warranty. The warranty period of Music & Lights proprietary and marketed items is twelve months from the date of delivery, unless otherwise stated in writing. The warranty guarantees the repair and/or replacement of any parts that show acknowledged defects in materials, construction or workmanship during the warranty period that make them unsuitable for their intended use (at Music & Lights discretion) . This excludes any liability of Music & Lights on direct or indirect damages of any kind and for any reason, therefore Music & Lights will therefore not be required to pay compensation. The repaired or replacement parts shall be cleared and delivered to Music & Lights plant (Italy). Customers lose all rights of warranty if they do not respect the agreed conditions of payment even only once, or if the faults reported are attributable to the customers themselves, their employees or third parties, for reasons such as: incorrect installation, inexperience, imprudence, incorrect or improper use, overloading, and incorrect or faulty maintenance; has made alterations or tampered with the products - either directly or by commissioning third parties to do so - including the replacement of parts and components covered by the warranty, without prior permission from Music & Lights, as well as for reasons of force majeure. Repairs, replacements and alterations that are not covered by the warranty shall be paid for at the time of their implementation or delivery. If payment is not received, Music & Lights reserves the right to retain repaired products and parts. The warranty excludes all parts that are subject to normal wear and tear owing to natural causes or use.
7. Sale and installation of products. Resellers who directly or indirectly purchase products from Music & Lights undertake to comply with the sale prices recommended by Music & Lights No product may be exported outside the country Music & Lights intended it for. The Products must be installed and/or used in compliance with their technical specifications and instructions provided by Music & Lights; they should also be installed and/or used in observance of the regulations and requirements governing the installation and/or use of electrical material in force in the country where the products are installed and/or used. Purchaser expressly relieves Music & Lights of any liability in case of improper use, failure to comply with safety standards, technical specifications and instructions for use.
8. Terms of payment. Except for other methods that may be agreed between Music & Lights and the single customer, payments should be made via wire transfer upon receipt of Music & Lights order confirmation. The amounts paid by way of deposit, are always non-remunerative. These amounts may be withheld pursuant the art. 1385 of the Civil Code, if the customer cancels the order, as re-found to the damage suffered, unless further compensation for additional damages. Any deferred payment by bills of exchange, cheques, and /or drafts shall be issued and accepted "subject to collection with recourse" and therefore do not constitute payment or novation of the original obligation. Music & Lights local area agents and representatives may not collect payments of any kind without written authorization from Music & Lights. Without such authorization, any payment made is at the customer's risk and peril. The customer may not delay or suspend payments for any reason, even if complaints or disputes arise; nor he may take legal action against Music & Lights if it has not first paid off its debt. Failure to pay for any reason shall authorize Music & Lights to suspend additional shipments of material.
9. Default interest. In case of late payment, the Client shall pay arrears interests to Music & Lights which are equal to the sum of the MRO rate of the ECB + 10 points (Decree No. 231/2002), except for the right to issue a bill of exchange at sight, and to pay any costs, as per art. 6 of the decree, which Music & Lights should eventually support for the recovery of their claims, unless further compensation for more damages.
10. Reservation of title. All goods supplied by Music & Lights remain exclusive property of Music & Lights until it receives full cash payment of their price. Sale is therefore made and accepted with reservation of title as laid down in section 1523 et seq. of the Italian civil code. During this period, the customers shall act as a depositary for the items supplied and assume the consequent obligations and responsibilities. They undertake to safeguard the items and protect them against any cause of damage, destruction, loss, etc. It is right of Music & Lights to transcribe the privilege of art. 2762 CC, as a precaution and without prejudice to the reservation of ownership and the same transcription. The costs of registration of the contract and its transcription at the Registry of the Court, pursuant to art. 1525 and 2762 Civil Code, shall be borne by the customer. Until the products supplied are paid for in full, they may be claimed by Music & Lights wherever they are, even if they are united with or incorporated into goods owned by the customer or by third parties, since the laws regarding appliances and accessions do not apply to them. The customer is obliged to inform Music & Lights immediately of any actions for injunctive relief brought by third parties, and any removal or relocation of the goods supplied. In the event of non-payment of the agreed price, even only a single instalment, Music & Lights reserves the right to request termination of the contract and return of the goods sold. Partial payments already made will be kept by Music & Lights as a penalty and to compensate for use, without prejudice to claims for further loss.
11. Miscellaneous. The delegation or assignment by the Buyer of any or all of its duties or rights under the contract without Music & Lights prior written consent shall be void. Music & Lights shall have the right at all times to assign to third parties any and all credits under the contract subject to prior notification in writing to the Buyer. The invalidity in whole or in part of any part of these General Terms and Conditions for Sale shall not affect the validity of the remainder of these General Terms and Conditions. In no case, failure of a party to enforce the rights resulting from the present General Terms and Conditions, cannot be construed as a waiver to exercise such rights.
12. Privacy. Under the terms of art. 10 of the law 196/2003, the purchaser is hereby informed that all personal information shall be entered into the Music & Lights database, as a necessary aspect of correctly upholding the contractual relationship and compliance with certain legal requirements, as well as for statistical, commercial, marketing, promotional purposes, credit protection, management and transfer thereof. The personal information of the purchaser is processed by automated and paper means and by authorized persons, with the use of security measures aimed at ensuring confidentiality. The personal information of the purchaser may be notified to public agencies, other firms within the group, credit retrieval firms or firms, consortia or associations for commercial, market research, and marketing purposes. Music & Lights S.r.l. is the owner of processed data, whom the purchaser may contact to exercise his rights as set forth in article 13 of the law cited above. To this end the purchaser is hereby informed that he may access his own personal information at any time, and request that it be updated, corrected, or deleted and/or refuse to allow processing thereof.
13.Jurisdiction and venue. The rights and obligations of the Parties are governed by Italian law, and the Court of Cassino (FR) has non-exclusive jurisdiction over any controversy that may arise in relation to the sale of the products. The purchaser irrevocably accepts the jurisdiction of the Court of Cassino (FR) should Music & Lights file suit with said court.