TERMS OF SERVICE

OVERVIEW

Welcome to Gold Soundz Dischi!

The terms “we”, “us” and “our” refer to Gold Soundz Dischi. Gold Soundz Dischi operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a carefully curated shopping experience (the “Services”). Gold Soundz Dischi uses Shopify to provide the Services.

These Terms of Service, together with any policies referred to herein (collectively, the “Terms”), govern your access to and use of the Services and describe your rights and responsibilities as a user.

Please read these Terms carefully, as they contain important information about your rights and obligations, including provisions concerning warranties, liability and the use of the Services.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you must not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm that you are of legal age to enter into a contract under applicable law. If you are a minor, you may use the Services only with the involvement and consent of a parent or legal guardian.

To use the Services, including browsing our online store or purchasing products or services, you may be required to provide certain information, such as your email address and billing, payment and shipping details.

You agree that all information you provide through our store is accurate, current and complete and that you have the necessary rights to provide such information.

If you have an account, you are responsible for maintaining the confidentiality and security of your account credentials and for all activities carried out through your account. You may not transfer, sell, assign or otherwise make your account available to third parties.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to ensure that the products and services presented in our online store are accurately described and represented. However, colours and the appearance of products may vary depending on the device and screen used to access the store and on their settings.

Product descriptions, images and other information are provided to help you make an informed purchasing decision. For second-hand products, descriptions may include information about the condition of the specific item offered for sale.

Nothing in these Terms limits or excludes any mandatory rights granted to consumers by law, including the legal guarantee of conformity.

Product availability, descriptions and prices may be changed at any time. We may also discontinue products or limit quantities where reasonably necessary, for example where stock is limited.

SECTION 3 – ORDERS

When you place an order, you are submitting an offer to purchase the selected products. The order becomes binding upon our acceptance, which will normally be confirmed by email.

We reserve the right not to accept an order where, for example, a product is unavailable, there is an obvious error in the product description or price, payment cannot be successfully processed, or there are reasonable grounds to believe that the order is fraudulent or contrary to these Terms.

Before submitting your order, please check all details carefully. Once an order has been accepted, cancellation may not always be possible if the order has already been processed or dispatched. This does not affect your statutory right of withdrawal or any other rights granted to you under applicable law.

If we are unable to accept, modify or cancel an order, we will attempt to contact you using the email address and, where necessary, the other contact details provided when placing the order.

Returns and refunds are handled in accordance with our Refund and Returns Policy [LINK] and in compliance with the rights granted to consumers by law.

If you purchase as a consumer, you confirm that the products are intended for personal or household use and not for commercial resale. This restriction does not apply to purchases made by businesses or professionals where expressly agreed.

SECTION 4 – PRICES AND BILLING

All prices displayed in our online store are in euros (€) and, where applicable, include VAT, unless otherwise stated.

Shipping costs and any other additional charges applicable to your order will be indicated before you complete your purchase.

Prices, discounts and promotional offers may be changed at any time. However, the price applicable to your order will be the price displayed when you submit the order, except in the event of an obvious pricing error.

The final price of your order will be displayed before you complete your purchase and will be included in the order confirmation.

Prices in our online store may differ from those applied in our physical store or on third-party marketplaces.

Promotions may be subject to additional terms and conditions, which will be provided together with the relevant offer.

You agree to provide accurate and up-to-date information necessary to process your order and payment, including your email address and billing and shipping details.

If you use a payment card or another payment method, you confirm that you are authorised to use it and that the information you provide is accurate.

SECTION 5 – SHIPPING AND DELIVERY

We ship orders to the destinations indicated in our Shipping Policy [LINK].

Delivery times shown on the website are estimates and may vary depending on the destination, carrier and circumstances beyond our reasonable control.

We are not responsible for delays caused by circumstances beyond our reasonable control, including carrier delays, customs procedures, strikes, exceptional weather conditions or other events that could not reasonably have been foreseen or avoided.

However, when you purchase as a consumer, nothing in these Terms excludes or limits our legal responsibility for the products until they are delivered to you or to a third party designated by you, other than the carrier.

In the event of loss or damage to a product during delivery, please contact us promptly so that we can assist you in dealing with the issue with the carrier.

For further information, please see our Shipping Policy [LINK].

SECTION 6 – INTELLECTUAL PROPERTY

The Services and their content, including trademarks, logos, text, images, graphics, product descriptions, reviews, photographs, videos, audio, design, structure, selection and arrangement of content, are owned by Gold Soundz Dischi or used under appropriate licences and are protected by Italian, European and international intellectual property laws.

These Terms allow you to access and use the Services for personal and non-commercial purposes, except where otherwise permitted by law.

You may not reproduce, distribute, modify, create derivative works from, publish, download, store or transmit substantial portions of the content of the Services without our prior written consent, except where such use is permitted by law.

Nothing in these Terms grants you any licence or other rights in relation to the intellectual property of Gold Soundz Dischi, Shopify or third parties, except for the limited right to use the Services in accordance with these Terms.

Gold Soundz Dischi, its logos, product and service names, designs and slogans are trademarks or distinctive signs of Gold Soundz Dischi or their respective owners, where applicable. You may not use them without the prior written consent of the relevant owner.

The Shopify name, logo and other Shopify trademarks belong to Shopify. All other trademarks and distinctive signs appearing in the Services belong to their respective owners.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

The Services may provide access to tools or features made available by third parties.

Such tools may be subject to terms and conditions and privacy policies established by their respective providers. We do not control or operate third-party services and, except as required by law, we are not responsible for their availability, functionality or content.

Your use of third-party tools is subject to the terms applicable to those services.

We may introduce new features, tools or resources through the Services from time to time. Unless otherwise stated, such features will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to websites, services or content provided by third parties.

We are not responsible for the content, availability, accuracy or practices of third-party websites or services that we do not control.

If you choose to access a third-party website or service, you do so in accordance with the terms and privacy policies applicable to that third party.

Any questions, complaints or claims relating to third-party products or services should be addressed directly to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Gold Soundz Dischi uses Shopify to operate and provide the online store and related Services.

However, all purchases made through our online store are transactions between you and Gold Soundz Dischi. Shopify is not the seller of the products offered by Gold Soundz Dischi and is not responsible for the products, their conformity, quality, delivery or any other aspect of the sales relationship between you and Gold Soundz Dischi.

Nothing in these Terms affects any rights or remedies you may have against Gold Soundz Dischi under applicable law.

SECTION 10 – PRIVACY POLICY

Personal data collected through the Services is processed in accordance with our Privacy Policy [LINK].

Because our online store uses Shopify, certain personal data may also be processed by Shopify in accordance with its Privacy Policy, available here.

Shopify may process information relating to your access to and use of the Services in order to provide, maintain and improve its platform and services.

Personal data may also be processed by service providers and other third parties where necessary to process orders, payments, deliveries and other services connected with your purchase.

For further information about how Gold Soundz Dischi processes your personal data, please see our Privacy Policy [LINK].

SECTION 11 – FEEDBACK AND REVIEWS

If you submit, upload, publish, email or otherwise provide ideas, suggestions, comments, reviews, proposals or other content (“Feedback”), you grant Gold Soundz Dischi a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, distribute and display such Feedback for the purposes of operating, providing, improving and promoting the Services.

This licence does not transfer ownership of your Feedback to Gold Soundz Dischi and does not affect any rights granted to you by law.

You confirm that you have the necessary rights to provide the Feedback and that such Feedback does not infringe the rights of third parties.

We may remove or refuse to publish Feedback that we consider unlawful, offensive, defamatory, misleading, infringing or otherwise contrary to these Terms or applicable law.

Reviews and other Feedback must be genuine and must not contain false or misleading information.

You remain responsible for the content of any Feedback you submit. We are not responsible for statements or opinions expressed by users through Feedback.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery times or availability.

We reserve the right to correct such errors and update information where necessary.

If an obvious error affects an order that has not yet been fulfilled, we may contact you to correct the error or, where appropriate, cancel the order and refund any amounts already paid.

Nothing in this section affects your mandatory statutory rights as a consumer.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms.

You must not use the Services:

(a) for unlawful, fraudulent or harmful purposes;

(b) to violate applicable laws or regulations;

(c) to infringe our intellectual property rights or those of third parties;

(d) to harass, threaten, abuse, defame or otherwise harm our employees, other users or third parties;

(e) to provide false or misleading information;

(f) to upload or transmit viruses, malware or other harmful code;

(g) to send spam, phishing messages or other unsolicited communications;

(h) to impersonate another person or entity;

(i) to interfere with the operation or security of the Services;

(j) to collect or process other users’ personal data without a valid legal basis;

(k) to reproduce, duplicate, copy, extract, resell or commercially exploit the Services or their content without authorisation;

(l) to use automated systems, robots, spiders, scraping tools or other automated means to access the Services, collect information or extract data, except where such access is expressly authorised by us or required by law;

(m) to circumvent or bypass security measures, access controls or other technical measures used to protect the Services.

We reserve the right to suspend or terminate access to the Services where reasonably necessary in the event of a serious or repeated breach of these Terms, fraudulent activity, misuse of the Services or unlawful conduct, without prejudice to any rights granted by law.

SECTION 14 – AGENTS AND AUTOMATED ACCESS

14.1

This section applies when you use, authorise, enable or cause an automated agent to access, use or interact with the Services.

An “Agent” means software or a service capable of performing autonomous or semi-autonomous actions on behalf of or under the direction of a person or entity.

14.2

Agents may access or interact with the Services only where such access is permitted by us or by applicable law.

When an Agent accesses the Services, it must not present itself as a human user or conceal the automated nature of its activity.

14.3

We may establish technical or other limits relating to automated access to the Services in order to protect their security, availability and proper functioning.

14.4

Where technically applicable and permitted by the relevant protocols, Agents must:

(i) identify themselves as automated Agents in HTTP/HTTPS requests;

(ii) not conceal or misrepresent the automated nature of their activity;

(iii) not attempt to bypass CAPTCHA or other measures designed to distinguish automated access from human access;

(iv) comply with technical measures intended to limit or control automated access.

SECTION 15 – TERMINATION

We may suspend or terminate your access to the Services where reasonably necessary, including in the event of a serious or repeated breach of these Terms, fraudulent activity, misuse of the Services or unlawful conduct.

Where permitted by law, you remain responsible for any amounts lawfully due up to the date of termination.

Provisions which by their nature should continue to apply after termination, including those concerning intellectual property, Feedback, applicable law and dispute resolution, will remain in effect to the extent permitted by law.

Nothing in this section limits the mandatory rights of consumers.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information made available through the Services is provided for general informational purposes. Although we make reasonable efforts to ensure that the information is accurate and up to date, we cannot guarantee that all information will always be complete, accurate or error-free.

The Services are provided subject to availability and may occasionally be subject to interruptions or technical problems.

Nothing in these Terms excludes or limits any statutory warranty or legal guarantee applicable to products purchased by consumers.

In particular, consumers benefit from the statutory legal guarantee of conformity provided for under Italian and European law. This guarantee applies for the period established by law and cannot be excluded or limited by these Terms, except where expressly permitted by applicable law.

For second-hand goods, any reduction in the duration of the legal guarantee, where permitted by law, will be expressly stated before purchase.

SECTION 17 – LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits our liability where such exclusion or limitation is prohibited by law.

In particular, nothing in these Terms excludes or limits liability for:

• death or personal injury caused by our negligence or any other liability that cannot legally be excluded;

• fraud or fraudulent conduct;

• violation of mandatory consumer rights;

• failure to comply with the statutory legal guarantee of conformity;

• any other liability that cannot legally be excluded or limited.

Subject to the above, we are not liable for indirect or unforeseeable losses that are not a reasonably foreseeable consequence of our breach of these Terms.

Where you purchase as a consumer, nothing in this section limits your statutory rights or remedies.

SECTION 18 – INDEMNIFICATION

If you use the Services in breach of these Terms or applicable law and your conduct causes damage or gives rise to a third-party claim against Gold Soundz Dischi, you may be required, to the extent permitted by law, to compensate Gold Soundz Dischi for losses directly resulting from your unlawful or wrongful conduct.

This provision does not apply to the extent that a claim or loss results from our own breach of law or contractual obligations.

Where appropriate, we will inform you of relevant third-party claims and cooperate with you in addressing them.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will apply to the maximum extent permitted by law, while the remaining provisions will continue to apply.

Where appropriate, the invalid or unenforceable provision will be replaced by a valid provision that most closely reflects its original purpose, without affecting the validity of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

If we do not immediately enforce any right or provision of these Terms, this does not constitute a waiver of that right or provision.

These Terms, together with the policies and information expressly referred to herein, constitute the agreement governing the use of the Services and replace any previous agreement or communication relating to the same subject matter.

Any ambiguous provision will be interpreted in accordance with applicable law and, where the user is a consumer, in accordance with the mandatory rules protecting consumers.

SECTION 21 – ASSIGNMENT

You may not transfer your contractual rights or obligations under these Terms to another person without our prior written consent, except where such transfer is permitted by law.

We may transfer or assign our rights and obligations under these Terms in connection with a restructuring, sale of the business or other corporate transaction, provided that this does not adversely affect your mandatory consumer rights.

SECTION 22 – GOVERNING LAW AND JURISDICTION

These Terms are governed by Italian law, without prejudice to any mandatory consumer protection provisions that may apply.

If you are a consumer residing in another country of the European Union, you will also benefit from any mandatory protections provided by the laws of the country in which you habitually reside, where applicable.

For disputes relating to a consumer contract, the jurisdiction rules provided by applicable law will apply. In particular, where provided for by European or national law, consumers may bring proceedings before the courts of the country in which they are domiciled or habitually resident.

For customers acting in the course of a business or professional activity, disputes will be subject to the jurisdiction of the competent courts of Italy, unless otherwise provided by law or agreed in writing.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and do not affect their meaning or interpretation.

SECTION 24 – CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We may update or amend these Terms from time to time, for example to reflect changes to the Services, applicable law or our business practices.

Material changes will be communicated where required by applicable law and will take effect from the date indicated in the relevant notice.

Your continued use of the Services after changes have been published does not affect any mandatory rights granted to consumers by law.

SECTION 25 – CONTACT INFORMATION

For questions concerning these Terms of Service, you can contact us at:

Gold Soundz Dischi
Email: info@goldsoundz.it
Address: [INSERT BUSINESS ADDRESS]
Telephone: [INSERT BUSINESS PHONE NUMBER]
VAT number: [INSERT VAT NUMBER]
Business registration details: [INSERT BUSINESS REGISTRATION DETAILS]