Terms and Conditions for Sonicspore Sounds

GENERAL CONDITIONS OF SALE - SonicsporeSound

Art. 1. Preamble
SonicsporeSound, with headquarters in Bonarcado 09070 Corso Italia 101

P.IVA 01275970950 hereinafter more briefly “SonicSporeSound”, offers only digital products (soundsets, phonic/sound tracks and effects, audio samples, music tracks and bundles of such products) by ecommerce services in compliance with the rules and regulations in force. With the exception of special conditions offered to the User according to the provisions of art. 6 and / or any subsequent regulatory provisions, these general conditions of sale, hereinafter briefly "Conditions", must be understood to prevail over any other agreement, agreement and / or convention entered into for any reason between SonicsporeSound and the User, unless, in each case, the express acceptance by SonicsporeSound. In the event of discrepancies between the proposal made by you and these General Conditions of sale, the latter shall prevail.

Art. 2. Terms and definitions
For the purposes of these Conditions, the following definitions are given:
Users Area: section of the Site reserved for Users;
Consumer: any natural person who buys goods for purposes not related to his professional activity or does not make the purchase by indicating a VAT number in the order form to SonicsporeSound.
Products: mainly digital and original soundsets such as phonic/sound tracks and effects, audio samples, Midi packs, audio samples, presets library for digital instruments, music tracks and bundles of such products as well as any product offered on the Site for purchase in ecommerce mode, thus to be interpreted as intellectual and artistic works under art. 2575 and subsequents of Italian Civil Law Code;
Service: offer and sale on the Site of Products according to the terms and methods indicated in these Conditions;
Site: the website at the address www.sonicsporesounds.com
User: the legal and natural person who uses the Service following Registration or in any case through - directly or indirectly - the ecommerce page or the "Cart";
Registration: filling in the form in the registration directory followed by the assignment by SonicsporeSound of a " User code " and "User name" ;
Proposal: selection and insertion of Products in the "cart" directory and subsequent access to the User area and / or insertion of billing data, containing information relating to the selected Products and the conditions of sale;
Distributor: SonicsporeSound or the legal or physical person who has on its behalf the availability of the Product or Products.

Art. 3. Object of the contract - Intellectual Property
This sales contract, hereinafter briefly "Contract", will be understood as concluded between the User and SonicsporeSound , hereinafter briefly "the Parties" or "the Party".

Art. 4. Availability of products
The User can only buy the products currently present on the Site. However, the proposal will be subject to acceptance by SonicsporeSound as indicated in art. 5. This acceptance may take place automatically through the Site (following a confirmation by email) and will in any case be subject to the actual availability of the products. The mere indication of availability on the website is intended only as an indication and subject to effective verification by SonicsporeSound, given in any case the right to immediate refund in case of erroneous indication of availability and collection of payment.

Art. 5. Acceptance of the order / Conclusion of the contract
The Contract will be executed through the following stages:
By sending the Proposal by selecting the " complete the purchase " button on the cart page, the User will send SonicsporeSound a purchase proposal for the Product or Products selected. The submission of the Proposal will be valid as consent according to the law to receive subsequent communications from SonicsporeSound, described below, aimed exclusively at the conclusion and execution of the Contract. Upon sending the proposal, the User must accept these General Conditions; non-acceptance will make it impossible to proceed with the purchase, unless otherwise agreed separately with SonicsporeSound outside the website.
SonicsporeSound will communicate by e-mail (previously selected at checkout) User receipt and acceptance of the proposal, assigning an order number to be used in any further communication with SonicsporeSound.
Following receipt of the confirmation email, subject in any case to the successful completion of the payment according to the payment data entered during registration, the sales order will be considered accepted, and the Contract concluded. In any case , SonicsporeSound will verify the actual availability of the Product. In case of unavailability and / or changes in the final price, SonicsporeSound will communicate the impossibility of proceeding with the conclusion of the contract - with consequent revocation-refund of any payment already collected - and / or modification of the Proposal. In these case SonicsporeSound will communicate a new offering that will value as a counterproposal.
If the proposal is accepted, SonicsporeSound will send an and email confirming the conclusion of the Agreement. Otherwise, in the case of a counter-proposal by SonicsporeSound , the Contract will be considered concluded when the User communicates newly his acceptance.
At the time of the Proposal, the User must first authorize the payment using one of the different methods indicated in art. 7.
Following the payment and conclusion of the Contract, SonicsporeSound will then make the Products available for download.

Art. 6. Commercial promotions and IP rights
SonicsporeSound will regulate every initiative of a promotional nature from time to time, by way of example, but not limited to: discounts, collection of points, prizes. These promotions will in any case always have strictly personal value for the individual User and will not be transferable.
All Products available on this website are the original intellectual property of SonicsporeSound and are protected by copyright laws. By purchasing and downloading any content from this website, the User acquires a right of use against the payment of the price and agrees to use the acquired Products solely for personal purposes in order to enjoy him/herself and/or create derivative works. It is not allowed to reproduce the Products as downloaded without further processing and the explicit written consent of SonicsporeSound. Particularly, it is explicitly forbidden to share with third parties the Products, upload on other sharing websites and platforms and/or the resale or distribution to the public, even for free.
Any unauthorized use, reproduction, or distribution of the original Products may result in legal action. SonicsporeSound retains all rights, title, and interest in and to the original Products, including but not limited to any associated copyrights, trademarks, and other intellectual property rights.

Art. 7. Payment
The price of the Product or Products must be paid by the User by choosing one of the following methods:
Credit card. The User will use the service offered by the service provider displayed on the website and connect, following the instructions on the Site, to the secure circuit of the service providers that guarantee independently and exclusively confidentiality data and the security and efficiency of transactions. The User will enter the data relating to the credit card directly on the server managed and guaranteed directly by the service provider. The User must therefore accept the general terms and conditions prepared by this service provider to access the service. SonicSporeSound is therefore not responsible and for any damage caused to the user during this procedure.
PayPal®. The User must make the payment through the platform offered by PayPal ® and available at the site https://www.paypal.com/it/home. SonicsporeSound declares to adhere to the PayPal ® conditions of sale as a user of the service. SonicsporeSound is not responsible for any damage caused to the User using the PayPal® services.
Bank transfer. To make the payment via the bank transfer method, the User must pay by means of a payment order from his own bank to that of SonicsporeSound, according to the instructions provided during the purchase phase. Payment by bank transfer will be considered made only and exclusively on the date of actual crediting of the sums to the current account indicated by SonicsporeSound.
In no case SonicsporeSound has the availability of the bank and / or payment data of the User, who remains - together with the payment system provider - the only person responsible for the security and processing of such data.

Art. 8. Delivery and Return Policy (exclusion for digital Products after download or streaming)
Pursuant to art. 59 lett. i) of Italian Code of consume (D. Lgs 206/2005) and EU Directive no. 2019/2161, it is excluded (both for professionals and consumers) any withdrawal and reimbursement right after the download or streaming of the Product, being these digital goods to be considered “opened” after such download or streaming.
Regarding sole Consumers, exclusively prior to downloading (if applicable), the ordinary binding rules on withdrawal shall apply, therefore reimbursement requests may be submitted to SonicsporeSound within 14 days since the purchase along with the purchase order number and via the same email which the purchase was registered under.
SonicsporeSound does offer to professional Users or to Consumers after the download refunds only on a case-by-case basis, taking into account only technical problems to the Products or errors in purchasing stage.

Art. 9. Guarantees
All Products sold by SonicsporeSound shall be deemed to be intellectual and artistic works.
SonicsporeSound guarantees therefore only the technical fitness of the Products digital files to the specifications displayed on its website and the intellectual property full ownership on the Products and the right to transfer a personal right of use and reproduction. In case of samples displayed and/or offered to Users, SonicsporeSound guarantees that such samples will be included in the Product purchased, without any specific guarantee whatsoever regarding similarities and/or User’s taste. Reference to e.g. “style”, “genre”, “techniques” shall be deemed to be only commercial indications and shall not be binding under this terms and conditions.

Art. 10 . Limitation of Liability
Without prejudice to art. 9 above, any guarantees and legal reimbursements for product defects are in any case limited to 100% of the purchase price of the defective Product.
It is excluded any User's right to damages or compensation, and any contract or tort liability, for any direct or indirect damages to persons and / or property caused by improper use of the Product or the Products under the Contract, except as provided to art. 1229 of the Italian Civil Code.
SonicsporeSound will not be liable for defects in conformity of the Product, if the same is used in a manner different from what is indicated and / or communicated by SonicsporeSound .
SonicsporeSound shall not be deemed liable for any violation or damage occurred due to legislative requirements other that Italians one, if the User has not indicated its country before the purchase.

Art. 11. Major force
SonicsporeSound will be released from the obligation to fulfill and execute this Agreement due to force majeure, temporary or definitive, such as (by way of example but not limited to) epidemics, strikes, arrests or accidents, fires , internet and web host disruption, regulatory changes and acts of Authority and for any other cause occurring at the outside of the control of SonicsporeSound, even if pre-existing, which prevent or aggravate the total or partial execution of this Agreement.

Art. 12. Best efforts
The Parties undertake to execute this Agreement in good faith and to fulfill or to ensure that the obligations set forth herein are fulfilled in good faith, and to draw up and deliver any document or instrument or to perform any act that is reasonably necessary for the purposes of the this Agreement, even if such instruments and shares are not subject to a specific obligation imposed by this Agreement.

Art. 13. Binding Nature of the General Conditions
This Agreement will be binding on the Parties and their respective legal representatives, successors, and any successors in title.

Art. 14. No waiver
The renunciation of the exercise of a nascent right of this Agreement can be made only by written deed and signed by the Party in respect of which the renunciation must have true effect, by this also being understood communications by email.
Failure to exercise, or renounce to exercise, or a partial and isolated exercise of any right arising from this Agreement, will not be considered in any way as acquiescence , nor will it affect in any way the exercise of this right or any other right arising from this Agreement, or the right to demand the fulfillment of the obligations of the other Party, it being understood, unless otherwise provided for by this Agreement, that the rights and remedies arising are cumulative and not exclusive to each other. other.

Art. 15. Communications
All necessary communications, authorizations, questions and requests permitted or imposed against a Party in accordance with the provisions of this Agreement must be made by e- mail or registered mail respectively to the addresses and / or numbers indicated by the User in the Proposal. and from SonicsporeSound to the following addresses:  e- mail : Info@sonicspore.com; or to any other address or number that SonicsporeSound will communicate to the User.

Art. 16. Privacy
Pursuant to the law laying down provisions for the protection of persons and other subjects regarding the processing of personal data, the data provided by the User may be processed, directly or even through third parties, as well as to comply with the obligations established by law, by a regulation o by community legislation and in particular to fully implement all contractual obligations.
The processing of the User's personal data will take place using paper or computer and / or telematic supports also by third parties for whom the knowledge of your personal data is necessary or in any case functional to the performance of our Company's business; in any case, the processing will take place in a manner suitable to guarantee its security and confidentiality.

Art. 17. Applicable law
This Agreement is governed by the Italian Law and construed in accordance to the same.

Art. 18. Jurisdiction
In the case of the User-Consumer, for all disputes arising from this Agreement, including those relating to its validity, interpretation, execution and resolution, the mandatory territorial jurisdiction is that of the judge of the place of residence or domicile of the consumer, if located in the territory of the EU.
In cases not covered by the preceding paragraph, all disputes arising from this Agreement, including those relating to its validity, interpretation, execution and resolution will be the exclusive competence of the Judicial Court also for any claims for guarantee, damages or, in general, relating to payments.
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Pursuant to art. 1341 of Italian Civil Code and following articles, as well as regarding the Italian Consumer Code, if applicable, the User, with the Registration and / or the Purchase Proposal, specifically approves the following clauses: art. 6 Commercial promotions and resale; Art. 8. Delivery and Return Policy (exclusion for digital Products after download or streaming); art. 9 Guarantees; art. 10 Limitation of Liability; art. 11 Force majeure; art. 17 Applicable law; art. 18 Jurisdiction.