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Terms and Conditions

Dear Customer,
welcome to Milk Audio Store.

The offer and sale of products and services through our website www.milkaudiostore.com (hereinafter referred to as the SITE) are governed by these General Terms and Conditions of Sale.

All products, services and licences purchased on the Site are sold directly by Milk Audio Store Srl (hereinafter referred to as MILK).

Company Information

Milk Audio Store Srl
Registered office: Via Francesco Sabatini 10-12, 00135 Roma – Italy
Tax Code and VAT Number IT17103921007
R.E.A. no. 1696003 C.C.I.A.A. Rome register

Operational Headquarters:
Via Francesco Sabatini 10, 00135 Roma – Italy

Applicable Law

These General Terms and Conditions of Sale are governed by Italian law, including the Italian Consumer Code (Legislative Decree no. 206/2005), the Italian Civil Code and, where applicable, European regulations on payment services and consumer credit.

1) Our Commercial Policy

1.1

The products and related prices presented on the Site constitute an offer addressed to both end users defined by law as “Consumers” and professional users acting in the exercise of their commercial, industrial, craft or professional activity (hereinafter “Professionals” or “Business Customers”). Purchase and/or rental contracts concluded on the Site are made with MILK.

Product offers and their prices are valid while visible on the Site and while stocks last.

1.2

“Consumer” means a natural person who acts for purposes unrelated to any business, commercial, craft or professional activity they may carry on.

“Professional” or “Business Customer” means a natural or legal person acting in the exercise of their business, commercial, craft or professional activity, or their intermediary.

1.3

The provisions of these General Terms and Conditions relating to Consumer rights (including, by way of example, the right of withdrawal under art. 8, statutory conformity guarantees and protections under the Consumer Code) apply exclusively to Consumers as defined above. Business Customers are subject to the provisions of the Italian Civil Code and any conditions separately agreed with MILK.

1.4

During registration and/or order completion, the Customer must indicate whether they are acting as a Consumer or a Professional. Where the Customer provides a VAT number or requests an invoice made out to a company, the purchase will be deemed to have been made in the capacity of a Professional, with the consequent non-applicability of the protections reserved for Consumers under the Consumer Code.

1.5

MILK reserves the right not to process orders that do not comply with its commercial policy or that present anomalies reasonably suggesting that the purchase is being made for speculative purposes or unauthorised resale.

1.6

These General Terms and Conditions of Sale govern exclusively the offer, transmission and acceptance of purchase orders for products available on the Site between users and MILK, and are addressed to persons who have reached the age of majority (18 years).

1.7

These General Terms and Conditions of Sale do not govern the provision of services or the sale of products by third parties who use direct links to the Site via banners or other hyperlinks. Before placing orders or purchasing products and services from such third parties, we recommend checking their terms and conditions of sale, as MILK cannot under any circumstances be held liable for services promised by third parties or for e-commerce transactions between Site users and third parties.

2) Order

2.1

The order is binding and irrevocable from the moment of receipt by MILK.
To place an order for one or more products on the Site, you must complete all steps of the shopping cart process and electronically submit to MILK the page containing all your personal and purchase details, following the instructions provided after adding a product/service to your cart and registering for purchase.

2.2

The checkout page contains a link to these General Terms and Conditions of Sale and also contains information on the main features of each ordered product and its price (including all applicable taxes), the payment method you have chosen, delivery conditions, shipping and transport costs, and references to the terms and conditions for returning products purchased online.

2.3

An order will be deemed submitted when MILK receives your order proposal electronically and the order information has been preliminarily verified as correct.

2.4

Before submitting your order proposal to MILK for the products selected online, you will be required to carefully read the General Terms and Conditions governing the sale and purchase.

2.5

The order proposal will be stored in our databases for the time required to process your order, as required by applicable law. You can access your order by clicking on the “MY ACCOUNT” section or by contacting Customer Service.
In addition, a copy of the electronic records relating to the conclusion of the contract will be retained for the period required by applicable civil and tax regulations.

2.6

Before submitting your order, you will be asked to identify and correct any possible errors made during the completion of the fields.

2.7

After your order has been registered by MILK, it will be processed as quickly as possible.

2.8

MILK may not accept and process your order if there are insufficient payment solvency guarantees, if orders are incomplete or incorrect, or if products are no longer available.
In such cases, we will inform you by e-mail that the contract has not been executed and that MILK has not confirmed your purchase order, specifying the reasons.
In addition to the information provided, MILK is not in a position to give more precise indications regarding product availability; therefore, once your order has been examined, we will notify you by e-mail if any of the products you have ordered are not available.

Subject to these General Terms and Conditions, the present order is understood to concern divisible, separate sale transactions for as many economic units as there are products ordered, as expressly agreed between the Customer and MILK upon submission and acceptance of the order. Therefore, should MILK’s performance of the order be limited to some of the ordered products due to unavailability of others or for other justified reasons beyond MILK’s control, by submitting the order the Purchaser declares their interest in and consent to the partial execution of the order in respect of the other products, which cannot be refused by the Purchaser, nor shall it entitle the Purchaser to revoke the order.

Where MILK is unable to fully accept the order received from the Customer and proceeds with partial acceptance in respect of available products, any exercise of the right of withdrawal provided for in art. 8 of these General Terms and Conditions shall be without any charge for transport costs to the Customer.

2.9

By submitting an order to MILK, you acknowledge that you unreservedly accept all provisions contained in these General Terms and Conditions of Sale and undertake to comply with them. If you disagree with any provisions contained in these General Terms and Conditions, please refrain from placing an order for products on the Site.

2.10

By submitting an order to MILK, you consent to and accept these General Terms and Conditions of Sale as well as any further conditions contained on the Site, including through links, comprising the general terms of use, Privacy Policy and withdrawal terms.

2.11

When an online order is confirmed, MILK will send the purchaser by e-mail, the content of which must be stored on a durable medium, a copy of the purchase order receipt containing a summary of the order information (General Terms and Conditions of Sale, main features of the products purchased, detailed price information, payment terms, existence of the right of withdrawal, times and procedures for returning products, transport costs charged to the customer, geographical address for complaints and information on existing commercial guarantees and assistance services).

2.12

By submitting an order to MILK, you agree to receive invoices/receipts issued for tax purposes in electronic format. You may request a paper invoice by contacting our Customer Service.

3) Product Warranties and Price Information

3.1

On the Site we offer for sale products purchased by MILK directly from manufacturers, distributors and suppliers carefully selected for their rigorous and stringent quality controls.

3.2

Products for sale on the Site are of quality never below the standard of the relevant market.

3.3

The main features of the products are indicated on the Site on the product web page.
Images may be for indicative purposes only. Products offered for sale on the Site may not exactly correspond to reality in terms of images and colours, which may have been altered by the browser or type of monitor used.
The technical specifications of a product, approvals and safety declarations for a product sold through the Site are indicated on the label, packaging or product instructions and may be reproduced in full or in part on the Site alongside the product description.
All products sold on the Site comply with and are approved according to European Community standards. We are not responsible for any non-compliance with the standards of countries not belonging to the European Community and/or the lack of product approval in such countries.

3.4

Product prices are expressed in euros and include VAT, all applicable taxes and duties, and shipping costs where expressly indicated. Prices are subject to change. Please check the final sale price before submitting your order.

3.5

Orders placed from a website in a country different from the delivery destination, or to addresses to which MILK cannot deliver (e.g. P.O. Boxes or territories/areas excluded from the EU customs territory), will be automatically cancelled.

3.6

All products are delivered with an identification label/tag attached or sealed. Do not remove seals or labels/tags from purchased products if you wish to return them.
We are in no way responsible for incorrect information or data and any technical or other inaccuracies provided by third parties that may be contained in the products.

3.7

Should you decide to exercise your right to return products purchased from MILK, please note that MILK reserves the right not to accept returned products that have been altered from their original condition or have been damaged (e.g. without tag or warranty seal).

4) Delivery Terms and Location

4.1

Delivery times resulting from the sale or rental contract are indicative and are understood to be valid under normal working and supply conditions; under no circumstances shall any delays give rise to any right to reimbursement.

4.2

The Customer or their representative must be present at the delivery location specified in the contract to receive the goods and must sign the transport documents.

4.3

Delivery of goods is always understood as ex our Rome headquarters.
Shipment by a carrier contracted with MILK is always insured at the customer’s expense. In the event of theft or damage during transport, MILK shall under no circumstances be held liable if the shipment was not insured at the client’s express request.

4.4

In the event of missing or non-conforming goods, any complaints must be submitted within 24 hours of delivery; in such cases MILK will arrange a replacement as quickly as possible, while the client’s obligation to make payments by the agreed deadlines remains firm and non-derogable.
In such cases the client waives any and all claims for damages. Transport costs are always borne by the Customer, who may entrust transport to their own carrier or use a carrier contracted with MILK, whose costs will be charged on the invoice. No equipment may be returned without MILK’s authorisation; if returned, only carriage-paid and properly packaged parcels will be accepted. Such goods must also include manuals and various parts. Any missing items or damage will be charged.

4.5

Depending on the products ordered, orders placed during public holidays and in August may experience delivery delays. For an estimated timeframe please contact our staff by writing to support@milkaudiostore.com.

5) Standard Shipping Rates and Prices

5.1

All amounts are understood as excluding VAT and ex our Rome headquarters. Transport, courier and any insurance costs are always borne by the customer, whether using a carrier contracted with MILK or one chosen by the customer.

5.2

Standard shipping rates and times can be consulted at this link.

6) Payments

6.1

Payments must be made by the agreed deadline without any deductions, even for rounding purposes. Late payment will result in the cancellation of any agreed discounts and the application of late payment interest pursuant to Legislative Decree no. 231/2002.

6.2

In instalment sales, the goods remain, pursuant to art. 1523 of the Italian Civil Code, the property of MILK until full payment. However, the buyer assumes the risks from the moment of delivery.

6.3

Payment for products purchased on the Site and related transport costs must be made using one of the following methods:

  • Credit or debit card
  • PayPal (including the “Pay in 6, 12 or 24 instalments” instalment payment)
  • Bank transfer
  • Instalment payment via Alma (2, 3 or 4 instalments)
  • Operational lease via Grenke Italia S.p.A. (reserved exclusively for Business Customers)

MILK reserves the right to modify the available payment methods at any time, communicating such changes through updates to the checkout page.

6.4 – Credit or Debit Card Payment

In the case of payment by credit or debit card, all relevant details (e.g. card number or expiry date) will be acquired and managed directly by PayPal as the electronic payment service provider (payment gateway), without any unauthorised third parties having access to them. Such details will never be acquired or used directly by MILK. The Site will carry out the entire payment management process through the same payment provider: for both your purchase and any refund in connection with the exercise of your right of withdrawal, and for cases reported as possible fraud by public security authorities.

6.5

Where, for any reason, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be resolved. You will be informed by automatic e-mail notification.

6.6 – Instalment Payment via PayPal “Pay in 6, 12 or 24 Instalments”

6.6.1 – Nature of the Service

MILK offers the option to pay in 6, 12 or 24 monthly interest-free instalments via the “Pay in 6, 12 or 24 instalments” service provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., a credit institution authorised and supervised by the Commission de Surveillance du Secteur Financier (CSSF) of Luxembourg, operating in Italy under the freedom to provide services.

6.6.2 – Financial Conditions

The instalment payment via PayPal is offered at a fixed Annual Percentage Rate (APR) of 0.00% and an Annual Effective Global Rate (AEGR/TAEG) of 0.00%. The total amount due by the Customer therefore corresponds to the purchase price of the product, with no additional costs. The first instalment is charged at the time of purchase; subsequent instalments are automatically charged monthly to the Customer’s PayPal account or designated payment card.

6.6.3 – Contractual Relationship

By selecting PayPal instalment payment, the Customer enters into an agreement directly with PayPal, separate and independent from the sales contract concluded with MILK. MILK does not act as a financial or credit intermediary and is not party to the relationship between the Customer and PayPal. Acceptance of the instalment payment is subject to verification and approval by PayPal, which reserves the right to refuse the request at its own discretion. In the event of refusal, the Customer may complete the purchase by selecting an alternative payment method.

6.6.4 – PayPal General Terms

The instalment payment service is governed by PayPal’s user agreement, available at paypal.com. For further information on the “Pay in 6, 12 or 24 instalments” service, the Customer can consult the PayPal dedicated information page.

6.7 – Instalment Payment via Alma

6.7.1 – Nature of the Service

MILK offers the option to pay in 2, 3 or 4 instalments via the service provided by Alma SAS (a French simplified joint-stock company, registered with the Paris Trade and Companies Register, with registered office at 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, France), a payment institution authorised by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) under CIB number 16958, operating in Italy under the freedom to provide services.

By selecting this option at checkout, the Customer enters into a payment contract directly with Alma SAS, separate and independent from the sales contract concluded with MILK. MILK does not act as a financial or credit intermediary and is not party to the contractual relationship between the Customer and Alma.

6.7.2 – Financial Conditions

Instalment payment via Alma involves the application of a fee charged to the Customer, calculated on the total order amount, as follows:

  • Payment in 2 instalments: fee equal to 0.50% of the order amount
  • Payment in 3 instalments: fee equal to 1.00% of the order amount
  • Payment in 4 instalments: fee equal to 1.50% of the order amount

The fee is added to the order amount and spread across the instalments. The first instalment is charged at the time of purchase; subsequent instalments are automatically charged monthly to the Customer’s designated payment card.

The Annual Percentage Rate (APR) and Annual Effective Global Rate (AEGR) applicable to the specific transaction are calculated and communicated to the Customer by Alma directly in the payment widget at checkout, before order confirmation. The Customer is required to review this information before proceeding with payment.

6.7.3 – Acceptance and Verification

Acceptance of the instalment payment is subject to verification and approval by Alma. Alma reserves the right to refuse the instalment payment request at its own discretion and based on its own assessment criteria. In the event of refusal by Alma, the Customer may complete the purchase by selecting an alternative payment method.

6.7.4 – Default

In the event of non-payment of one or more instalments, Alma may apply the penalties and late payment interest provided for in its general terms of use, which the Customer accepts upon selecting the instalment payment. Non-payment may also result in the initiation of debt recovery proceedings by Alma. MILK is not responsible for any consequences arising from the Customer’s failure to pay instalments to Alma.

6.7.5 – Retention of Title

Even in the case of instalment payment via Alma, the goods remain the property of MILK until full collection of the entire order amount. As Alma pays MILK the full amount upon payment confirmation, the retention of title is considered satisfied upon Alma’s positive transaction confirmation.

6.7.6 – Alma General Terms

The instalment payment service is governed by Alma’s general terms of use, available at almapay.com. The Customer is invited to review them before selecting the instalment payment method. In the event of any discrepancy between these General Terms and Conditions of Sale and Alma’s general terms regarding the relationship between the Customer and Alma, the latter shall prevail.

6.7.7 – Personal Data Processing

By selecting instalment payment via Alma, the Customer consents to the transfer of their personal data (including, by way of example: name, surname, e-mail address, billing and/or shipping address, telephone number, payment card details) to Alma SAS, which will process them as an independent data controller for the purposes of verifying the Customer’s eligibility, executing the instalment payment contract and preventing fraud. For further information please refer to Alma’s privacy policy available at almapay.com. The processing of personal data by MILK is governed by the Site’s Privacy Policy.

6.8 – Operational Lease via Grenke Italia S.p.A.

6.8.1 – Nature of the Service and Eligible Customers

MILK offers the option to acquire products through an operational lease via the service provided by Grenke Italia S.p.A.. The operational lease is reserved exclusively for Business Customers holding a VAT number that has been active for at least 24 (twenty-four) months at the date of the request. The service is not available to Consumers.

6.8.2 – Lease Features

The operational lease contract via Grenke Italia S.p.A. provides for the following main conditions:

  • Contract duration: minimum 24 (twenty-four) months, maximum 60 (sixty) months;
  • Option to purchase the goods at the end of the contract, under the conditions set out in the contract with Grenke Italia S.p.A.;
  • Mandatory insurance on the leased goods for the entire duration of the contract. The insurance policy may be taken out through Grenke Italia S.p.A. or the Customer may use an existing insurance policy of their own, provided it meets the requirements specified by Grenke;
  • File opening fee: €75.00 (seventy-five/00) one-time charge, borne by the Customer.

6.8.3 – Contractual Relationship

By selecting the operational lease, the Customer enters into a lease contract directly with Grenke Italia S.p.A., separate and independent from the sales contract concluded with MILK. MILK is not party to the contractual relationship between the Customer and Grenke Italia S.p.A. Acceptance of the lease request is subject to verification and approval by Grenke Italia S.p.A., which reserves the right to refuse the request at its own discretion and based on its own credit assessment criteria.

6.8.4 – Grenke General Terms

The operational lease contract is governed by the general terms and conditions of Grenke Italia S.p.A., which will be made available to the Customer during the application process. The Customer is required to review them before signing the lease contract.

7) Web Discount Vouchers

7.1

Web discount vouchers are personal electronic codes that allow you to benefit from a discount on your purchase on the Site.

7.2

The box where you can enter the discount code is displayed on the first page of the shopping cart: after you have added your items to the cart and entered your electronic code, press the confirm button to view the new purchase total.

7.3

Limitations on the use of web vouchers:
The voucher, unless otherwise agreed, may only be used once, with the exception of returns (as specified in paragraph 7.4); the voucher cannot be exchanged for cash; you cannot use more than one voucher per order unless otherwise stated on the voucher itself; the voucher may only be applied to items with a value greater than the voucher; the voucher cannot be used for certain items sold as unique samples or for charitable sales; the web voucher cannot in any way be used for the purchase of other products, unless specifically permitted.

7.4

If for any reason you are not satisfied with your order placed on the Site, you may return the item to which you applied the web voucher by following the standard returns procedure, as described in the Returns section. Once your return is accepted, the respective voucher code will be reinstated to its original value. The price difference between the voucher value and the item you purchased will be fully refunded, following the standard refund procedure.

8) Right of Withdrawal

8.1 – Scope of Application

The right of withdrawal governed by this article applies exclusively to Consumers as defined in art. 1.2 of these General Terms and Conditions, pursuant to European Directive 2011/83/EU and applicable national law. Business Customers do not have the right of withdrawal provided for consumers, unless otherwise expressly agreed with MILK.

8.2 – Terms and Procedure

The Consumer has the right to withdraw from the purchase contract, without giving reasons, within 14 (fourteen) calendar days. The withdrawal period expires after 14 days from the day on which the Consumer, or a third party other than the carrier and designated by the Consumer, acquires physical possession of the last item (in the case of an order comprising multiple products delivered separately).

To exercise the right of withdrawal, the Consumer must inform MILK of their decision by means of an explicit statement sent by e-mail to support@milkaudiostore.com or via the model withdrawal form made available on the Site. Sending the withdrawal communication before the expiry of the withdrawal period is sufficient to meet the deadline.

8.3 – Consumer’s Obligations upon Withdrawal

The Consumer must return the products to MILK without undue delay and in any event within 14 (fourteen) days from the date on which they communicated their decision to withdraw. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period.

Products must be returned intact, in their original packaging, complete with all accessories, manuals, cables and accompanying materials, and must not show signs of use that diminish their value. Seals and identification labels/tags must not have been removed. MILK reserves the right to deduct from the refund an amount corresponding to the diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.

The direct costs of returning the goods are borne by the Consumer.

8.4 – Refund

MILK will reimburse all payments received from the Consumer, including initial delivery costs if applicable (except for any additional costs resulting from the Consumer’s choice of a type of delivery other than the least expensive standard delivery offered by MILK), without undue delay and in any event no later than 14 days from the day on which MILK was informed of the Consumer’s decision to withdraw. MILK may withhold the refund until it has received the goods back or until the Consumer has supplied evidence of having returned the goods, whichever is the earliest.

The refund will be made using the same means of payment used by the Consumer for the initial transaction, unless expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of the refund.

8.5 – Withdrawal and Instalment Payment via Alma

Where the Consumer made payment via the Alma instalment payment service and wishes to exercise the right of withdrawal from the purchase:

  • withdrawal from the sales contract with MILK automatically entails the termination of the instalment payment plan in progress with Alma;
  • MILK will notify Alma of the withdrawal and will proceed with the refund in accordance with the procedures provided for in its agreement with Alma;
  • instalments already charged will be refunded by Alma in accordance with the timescales set out in Alma’s general terms; instalments not yet due will not be charged;
  • any fee paid by the Consumer pursuant to art. 6.7.2 will be fully refunded;
  • the Consumer also has an independent right of withdrawal from the payment contract concluded with Alma, exercisable within 14 days of the conclusion of that contract, in the manner set out in Alma’s general terms.

8.6 – Withdrawal and Instalment Payment via PayPal

Where the Consumer made payment via the PayPal “Pay in 6, 12 or 24 instalments” service and wishes to exercise the right of withdrawal from the purchase:

  • withdrawal from the sales contract with MILK entails the termination of the instalment payment plan in progress with PayPal;
  • MILK will notify PayPal of the withdrawal and will proceed with the refund in accordance with the applicable procedures;
  • instalments already charged will be refunded by PayPal in accordance with the timescales set out in PayPal’s terms of use; instalments not yet due will not be charged.

8.7 – Exclusions from the Right of Withdrawal

Pursuant to applicable consumer law, the right of withdrawal is excluded, among other cases, for:

  • the supply of goods made to the Consumer’s specifications or clearly personalised;
  • the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
  • the supply of sealed audio or video recordings or sealed computer software which were unsealed after delivery;
  • the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer’s prior express consent and their acknowledgement that they thereby lose their right of withdrawal.

9) Statutory Conformity Guarantee

9.1

All products sold by MILK to Consumers are covered by the statutory guarantee of conformity provided for by applicable consumer law. The statutory guarantee covers conformity defects that appear within 2 (two) years from the date of delivery of the product. The Consumer forfeits this right if they do not report the conformity defect within 2 (two) months of the date on which they discovered it.

9.2

In the event of a lack of conformity, the Consumer is entitled to have the goods restored to conformity by repair or replacement, or, where such remedies are impossible or disproportionately costly, to an appropriate price reduction or to contract termination, in accordance with applicable consumer law.

9.3

For Business Customers, the warranties provided for by the Italian Civil Code (arts. 1490 et seq.) apply. The Business Customer must report defects within 8 (eight) days of discovery, under penalty of forfeiture, and the action is time-barred one year after delivery.

10) Amendments and Updates

10.1

These General Terms and Conditions of Sale may be updated to comply with new laws and regulations or for other reasons. The new General Terms and Conditions of Sale will take effect from the date of publication on our Site.

11) Jurisdiction and Alternative Dispute Resolution

This contract is governed by Italian law.

In the case of a Consumer user, the Court of the Consumer’s place of residence or domicile, if located in Italy, shall have jurisdiction.

For all other disputes, including those with Business Customers, the Court of Rome shall have exclusive jurisdiction.

Consumers resident in the European Union may also use the online dispute resolution (ODR) platform established by the European Commission, accessible at the following link: https://ec.europa.eu/consumers/odr.

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