MUSIC OF THE PLANTS IS NOW PLANT MUSIC 

Terms and Conditions

General Terms and Conditions of Sale

These general terms and conditions of sale (hereinafter the “Terms of Sale”) govern all sales and the execution of any Product by STREAMPATH SRL, with registered office in Vidracco, via Baldissero no. 21,

Tax Code and VAT no. 11781850018 (hereinafter the “Seller”), through the website www.plantmusic.com

 (hereinafter the “Website”).

The relationship governed by these Terms of Sale shall be subject to the provisions of Legislative Decree no. 70/03 (the so-called “Information Society and Electronic Commerce Act”), Legislative Decree no. 196/03 (“Privacy Code”) and EU Regulation no. 2016/679 (“”General Data Protection Regulation”” or “”GDPR””), Directive 1999/44/EC and Legislative Decree no. 206/05 (“Consumer Protection Law”), to the extent that the contracting party (the “Customer”) is a consumer under the Consumer Protection Law.”

Subject

1.1 These general terms and conditions of sale govern the offering, submission, and acceptance of orders for Products made through the Website. The contract concluded with the Seller via the Website (the “Contract”) is a distance contract. The display of Products on the Website constitutes an invitation to treat. Each order submitted through the Website shall constitute a contractual offer to the Seller for the purchase of the Products described therein and is subject to the Seller’s acceptance pursuant to Article 3 below. The Contract shall be deemed concluded upon the Customer’s receipt of the order acceptance declaration or, in any case, upon the execution of the ordered Products.”

Acceptance of the Terms of Sale

2.1 These Terms of Sale must be carefully read by the Customer before submitting an order to the Seller for the purchase of any Product displayed on the Website (the “Products”) and must be explicitly accepted prior to sending the order through the procedure provided on the Website.”

Product Selection, Order Placement, and Contract Conclusion

3.1 The Website displays the Products available for purchase along with their corresponding prices (including VAT).

3.2 The Website provides a specific procedure for placing purchase orders. Under no circumstances will the Seller accept orders placed in ways other than through the procedure provided on the Website. Fields marked as mandatory must be completed during the ordering process.

3.3 Products selected by the Customer for purchase through the Website will be temporarily stored in a personal shopping cart during the Customer’s visit to the Website. This temporary storage does not constitute a reservation: the Seller does not guarantee that the Products stored in the shopping cart will be available at the time the order is placed.

3.4 The Customer may review the contents of the shopping cart and the related details at any time during the visit to the Website. To submit an order to the Seller, the Customer must:

(i) review the contents of the personal shopping cart;

(ii) express the intent to purchase by clicking the appropriate buttons on the cart page;

(iii) complete the provided order form;

(iv) select a payment method from those available;

(v) explicitly accept these Terms of Sale;

(vi) explicitly acknowledge, for informational purposes, the privacy policy;

(vii) submit the offer by clicking on the “PROCEED TO PURCHASE” button and then on “PLACE ORDER.”

3.5 The submitted order constitutes a contractual offer subject to the Seller’s confirmation and implies the Customer’s obligation to purchase the specified Products under the terms and conditions detailed in the order and in these Terms of Sale.

3.6 Once the order is submitted, the Customer must provide all necessary information to complete the payment using the selected payment method. After payment is completed, the Customer will receive a confirmation message acknowledging receipt of the order, including all contract details, such as the Seller’s information (including contact details), selected Products, quantities, unit and total prices, and information about the right of withdrawal (the “Order Confirmation”). The Order Confirmation is merely an acknowledgment of the Customer’s order receipt and not its acceptance.

3.7 Customer orders are processed during normal business hours (from 9:00 a.m. to 6:00 p.m.) on working days in Italy; orders placed outside of these hours will be processed on the next working day.

3.8 The Customer is entitled, without prejudice to the right of withdrawal, to cancel their order at any time before receiving the Order Acceptance (as defined in Article 3.10 below).

3.9 The Contract is effectively concluded and becomes binding upon the Customer’s receipt of a communication from the Seller confirming the acceptance of the order and the availability of the Products (“Order Acceptance”); otherwise, the Contract is deemed concluded upon fulfillment of the ordered Products.

3.10 The Seller reserves the right not to accept the Customer’s order or to accept it only in part. The Order Acceptance will specify the Products for which the order has been accepted. The Customer’s order will be considered not accepted if the Seller fails to issue an Order Acceptance within 14 days of receiving the Customer’s order.”

Product Description and Availability

4.1 All orders placed through the Website are subject to the actual availability of the Product at the time of the order and to the Seller’s acceptance, as set forth below.

4.2 The Product pages on the Website provide all information regarding the Products currently available for online sale: only Products displaying the “Add to Cart” button are available for purchase through the Website.

4.3 As soon as the Customer’s order is processed, the Seller will inform the Customer if any of the ordered Products are unavailable. In such cases, the order will not be accepted with respect to those unavailable Products.

4.4 If, despite the Customer having received the Order Acceptance, one or more Products included in an accepted order become unavailable, the Seller will notify the Customer and offer the option to amend or cancel the accepted order. In the event of cancellation, the Seller will, at the Customer’s choice, either issue a credit equal to the amount paid, usable for the purchase of a different Product, or refund the Customer the price of the unavailable Product.

4.5 The Seller reserves the right to modify the range of Products offered on the Website.”

Prices

5.1 The applicable prices are those displayed in connection with the ordered Products on the Website at the time the order is placed. All prices are in Euros and include the legally applicable VAT.

5.2 Shipping costs are not included in the purchase price but are indicated and calculated based on the destination at the end of the purchase process, before the payment is made.

5.3 In the event of an IT, manual, technical, or any other type of error that results in a substantial and unintended change by the Seller to the retail price, making it excessive or clearly unreasonable, the purchase order shall be considered invalid and cancelled, and any amount paid by the Customer will be refunded within 14 days from the date of cancellation.”

Payment

6.1 The purchase price must be paid by credit card, PayPal, or bank transfer. The Seller only accepts the credit cards listed on the Website.

6.2 The invoice will be sent exclusively in electronic format, based on the information provided by the Customer.”

Delivery

7.1 The Products will be delivered by courier worldwide to the address provided by the Customer at the time of the order, no later than 30 days from the date the Customer receives the order confirmation email sent by the Seller.”

Liability

8.1 The Seller assumes no liability for delays or failures in performance due to force majeure or unforeseeable circumstances, including but not limited to malfunctions and interruptions of the Internet, in cases where it is unable to fulfill the order within the timeframes specified in the contract.”

Withdrawal

9.1 In accordance with applicable legal provisions, the Customer, if acting as a consumer under current laws, has the right to withdraw from the purchase without any penalty and without specifying a reason, within 14 days from the date of receipt of the Products.

9.2 If the Customer is entitled to withdraw, this right may be exercised by sending any explicit declaration expressing the decision to withdraw from the contract, or alternatively, by sending the standard withdrawal form, as set out in Annex I, Part B, of Legislative Decree 21/2014, the text of which is shown below:

Model Withdrawal Form pursuant to Art. 49, paragraph 1, letter h)

(complete and return this form only if you wish to withdraw from the contract)

Streampath srl, Via Baldissero 21, 10080, Vidracco (TO) ITALY

Email: administration@plantmusic.com

I/we () hereby give notice that I/we () withdraw from my/our () contract for the sale of the following goods/services ():

– Ordered on (…) / received on (…)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is submitted on paper)

– Date”

Jurisdiction

These Terms of Sale are governed by and interpreted in accordance with Italian law. It is understood and agreed that any claims in any way related to the subject matter of these Terms of Sale shall be subject to the non-exclusive jurisdiction of the Courts of Ivrea (TO), meaning that the Customer may bring a claim to enforce their consumer protection rights in relation to these Terms of Sale either in Ivrea or in the place where the Customer is domiciled.

Additionally, it is worth noting that the European Commission provides an online dispute resolution platform accessible at http://ec.europa.eu/odr.”

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