1. GENERAL INFORMATION
The portal www.rigbusters.com is owned by Federico Feroldi, Via Puccini 1/A or – 20060 Basiano (MI) – Italy VAT no. 08944970964 E-mail: firstname.lastname@example.org These conditions of sale govern the sale to the purchaser (hereinafter called “Customer”, means a natural person undertaking the purchase, under this contract, for purposes not related to the commercial or professional activity) of products sold through the portal www.rigbusters.com
We recommend to carefully read these terms of sale before proceeding with the purchase.
Any changes or new conditions of sale will be effective upon publication on the portal and will apply only to sales made after publication.
2. PURPOSE OF THE CONTRACT
With this contract, respectively, Rigbusters sells and the Purchaser acquires at a distance through telematic instruments shown and offered for sale on the site www.rigbusters.com; especially, Rigbusters offers professionally recorded amplifier and cabinet profiles for use with the Kemper Profiling Amplifier. You are paying for the rights of using these profiles for yourself only, you are strictly forbidden from sharing them or making them available online for free or for resale.
3. Acceptance of the sale conditions, DRAFTING, CONCLUSION, AND EFFECTIVENESS MODALITY OF CONTRACT
The contract between the Customer and Rigbusters concludes exclusively through the Internet by accessing and registering of the Customer at www.rigbusters.com, where, following the indicated procedures, the customer will come to formalize the proposal for purchase of goods.
The contract between Rigbusters and the Customer shall be concluded with the acceptance of the order by Rigbusters. The acceptance is implicit, unless otherwise communicated to the Customer.
The purchase agreement is concluded by correctly filling the application form and purchase consensus expressed by the accession sent online or by completing the questionnaire/form attached to the electronic catalogue online at www.rigbusters.com and the later sending of the questionnaire/form, always after viewing an order summary webpage, printable, where information is reported to the payer as well as the order, the price of goods purchased and any additional charges, in addition to the method and terms of payments.
Once the payment finished, the customer will receive a link via email to the address from where the file can be downloaded.
Customers are responsible for entering the correct details before making the payment. Please double check for spelling errors and mistyping.
When Rigbusters receives the order from the Customer, it sends a confirmation email, printable, which also shows the data retrieved in the previous point.
The contract is deemed not perfected and effective between the parties in the absence of what is stated in the previous point.
4. PAYMENT METHOD
Any payment by the Customer can only take place through PayPal.
At the conclusion of the order the Customer will be directed to the login page of PayPal. The amount of the order will be charged to the account at the end of the PayPal payment process. No responsibility can be attributed to Rigbusters about the operation services and methods of Paypal. For more information on this please refer to the following page https://cms.paypal.com/it/cgi-bin/?cmd=_render-content&content_ID=ua/UserAgreement_full&locale.x=it_ITAll communications concerning payments are made on a separate line of Rigbusters protected by encryption system. Rigbusters guarantees the storage of this information as an additional level of encryption and security in accordance with the provisions of applicable regulations regarding the protection of personal data.
5. SHIPMENT AND DELIVERY
Rigbusters provides the email address email@example.com as a reference to help the customer in resolving any problems of delivery, damages and deformities of any kind, change of the delivery address and other requests related to shipments. Rigbusters reserves the right to refuse the order following the changes required by the Customer.
In case of difference compared to what is offered, the customer can contact and send to Rigbusters by mail the file to verify the adequacy of the same with respect to the product purchased.
Only if there is an evidence of the defect Rigbusters will be required to resubmit a new file to the Consumer, at no additional cost to the Consumer.
All sales prices of the products shown on the website www.rigbusters.com are expressed in Euros and constitute an offer to the customers under the article 1336 of the Civil Code.
The sales prices of the previous point, include VAT and any other taxes.
7. LIMITATION OF LIABILITY
Rigbusters is not responsible for disruptions caused by force majeure, if not able to execute the order within the time stipulated in the contract.
Rigbusters will not be responsible in respect to the Client, except in cases of wilful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its own control or its sub-suppliers control.
Rigbusters will not be liable for any damages, losses and costs incurred by the Customer as a result of failure or improper execution of the contract for reasons not attributable to it, being the customer entitled only to a refund of the price paid and any additional charges incurred.
Rigbusters assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the products purchased, if it proves that it took all possible precautions based on the best science and experience of that moment and according to ordinary diligence.
In no case the Customer will be liable for delays or mistakes in the payment
if it proves that it made the payment in the same time and manner specified by Rigbusters.
8. OBLIGATIONS OF THE PURCHASER
The Customer agrees to pay the price of the goods purchased in the time and manner specified by the Contract.
The Customer undertakes, once the online purchase process finished, to print and keep this contract.
The information contained in this contract has been, however, already examined and accepted by the customer, who acknowledges, as this step is mandatory before purchase confirmation.
9. CAUSES OF RESOLUTION
The bonds referred to in paragraph 8, accepted by the Customer, as well as the guarantee for completion of the payment that the Customer makes with the means in art. 5 are essential, so that by express agreement, the failure of even one of these obligations, if not determined by circumstances or force majeure, will result in the termination of the contract under article 1456 of the Civil Code, without any judicial decision.
PRIVACY & POLICY
Rigbusters, under Article 13 of Legislative Decree no. 196/2003 (the “Privacy Code”) and interpretative guidelines issued on June 19, 2008 by the Authority for the protection of personal data, that the information provided (the “Data”) directly or through third parties, will be subject to collection, recording, organization, storage, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, dissemination, erasure and destruction (the “Processing”) . The data will be processed for administrative, accounting and tax purposes and for the fulfilment of the sales contracts. In relation to the above stated purposes, the data will be processed through electronic tools, or on paper and in any case by the adequate means to ensure compliance with the requirements of confidentiality and security measures provided by the Privacy Code.
The consent to the processing of data for promotional purposes is optional and at any time, may be revoked by sending a request to the Processing responsible, by email to firstname.lastname@example.org
How we use collected information
- Rigbusters collects and uses Users’ personal information for the following purposes:
- Rigbusters may use aggregate information to personalize user experience and to understand how the Users as a group use the services and resources provided on the Site.
- To improve the Site and its offerings based on Users’ information and feedback.
- To improve customer service. Users’ information helps us respond more effectively to Users’ customer service requests and support needs.
- To process transactions. Rigbusters may use the information Users provide about themselves when placing an order to provide service for that particular order only. Rigbusters does not share this information with outside parties, except to the extent necessary to provide the particular service requested.
- To administer Site content or features (promotions, surveys, etc.), or to send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails. The email address Users provide for order processing will be used only to send them information and updates pertaining to their order or to respond to their inquiries, requests or questions. Users who decide to opt into Rigbusters’ mailing list will receive emails that may include company news, updates, related product or service information, etc. Users who wish unsubscribe from the list may do so at any time by following the detailed instructions found at the bottom of each email they receive from Rigbusters.
Sharing your personal information
Rigbusters does not sell, trade, or rent out Users’ personal identification information to other parties. For the purposes outlined above, Rigbusters may share with its business partners, trusted affiliates, and advertisers generic aggregate demographic information not linked to any personal identification information regarding visitors and Users. Rigbusters may use third-party service providers to help it operate its business, administer the Site, and/or run activities on Rigbusters’ behalf, such as sending out newsletters or surveys. Rigbusters may share Users’ information with such third parties, for those limited purposes only and subject to Users’ permission.
11. Communications and Complaints
Any complaint must be addressed in writing to Rigbusters at the headquarters in Via Puccini 1/A – 20060 Basiano by Registered letter WITH PROOF OF DELIVERY or by the e-mail address email@example.com
The Customer indicates in the registration form his address, telephone number or e-mail address to which notices are to be sent by Rigbusters.
Any tolerance by Rigbusters in respect of behaviour of the Customer that could violate the provisions contained in these conditions of sale shall not constitute or be construed as a waiver of rights of Rigbusters under the provisions violated nor the right to require the exact Rigbusters fulfilment of all the terms and conditions agreed.
The nullity or invalidity of one or more provisions of these Conditions of Sale shall not affect the validity of the remaining provisions.
14. Intellectual Property Rights.
The trademarks, whether figurative or not, and all other brands, company names, service marks, trade names, pictures, images, logos, registered and unregistered designs, copyrights and patents, reproduced on the portal www.rigbusters.com are and remain the exclusive property of Rigbusters. Any reproduction, even partial, as well as any changes or use of intellectual property rights of Rigbusters, for any reason and in any form, without the prior express permission in writing of Rigbusters, is absolutely prohibited, as is also prohibited any combination or use in conjunction with any other mark, symbol, logo and more generally any other distinguishing act to form a complex sign.
15. Governing Law and Jurisdiction
The sales contract between the customer and Rigbusters is concluded in Italy and governed by the Italian law. For the solution of civil and criminal litigation arising from the conclusion of this contract of sale at a distance, the jurisdiction is that of Milan, subject to the court of the place of residence or domicile by choice of the consumer, mandatory under Article. 33, paragraph 2, letter u) of Legislative Decree no. n. 206/2005.
This agreement is governed by Italian law. Although not expressly provided, the rules of law applicable to the relationship and to the cases described in this agreement, and in particular Article. 5 of the Rome Convention of 1980. Under Article. 60 of Legislative Decree 206/05, is expressly invoked the provisions contained in Part III, Title III, Chapter I of the Legislative Decree 206/05.
16. USERS’ ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. If you continue to use the Site after changes to this policy are posted, you will be considered as having accepted those changes.
17. FINAL CLAUSE
This agreement repeals and replaces any agreement, negotiation, written or oral, previously intervened between the parties concerning the subject of this contract.
I declare that I have read and accepted expressly pursuant to article 1341 of the Civil Code the following clauses: 7) Limitation of Liability; 9) Causes of resolution; 11) Communication and complaints; 14) Intellectual property rights; 15) Jurisdiction and applicable law.