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General Service Conditions General Service Conditions
Introductions
Dear user, the General Service Conditions (referred to as “CGS) regulate the use by the customer of the services offered by Classsica Viva, the editorial division of New Problem Solving S.r.L. located in Dorno, (PV) vis Altino n. 11, a registered company 235820, fiscal code 01976020188 e P.IVA 01976020188 ( referred to as Classica Viva) by the http://www.lnx.classicaviva.com/catalog. The customer accepts the CGS and they are effective from the moment in which the customer approves the procedural terms for his/her use on the site http://www.lnx.classicaviva.com/catalog. The law n. 185, 1999 applies only when the customer is a physical person and concludes the contract for non professional activities. In any case the rights of withdrawal from the contract are excluded from the art. 5, paragraph3 letter a) of the law 185, 1999.

1. Premise
The premise is an integral and fundamental part of the CGS.

2. Object.
The CGS covers the services (referred to as “Services”) offered by Classica Viva through the internet site http://www.lnx.classicaviva.com/catalog.

3. Changes to the CGS. Regulations of the specific services. Special notes.
3.1 Classica Viva reserves the right to change the CGS at any moment.
3.2 To access the above mentioned services the customer must read some notes which will be shown. The customer promises to pay attention to the notes before continuing to use the services.

4. Acceptance of the CGS Registration
4.1 The customer accepts the CGS and they are immediately effective in the moment the customer approves the terms of the proper procedure for the use of the internet site http://www.lnx.classicaviva.com/catalog. In any case the use by the customer of the single services of the site constitute an acceptance of the CGS.
4.2 The customer pledges to the read the information print on the privacy ex art. 13 d. lgs 196/03 presented on the site http://lnx.classicaviva.com/catalog.
4.3 ClassicaViva reserves the right to change at any time and in any way at its irrevocable discretion and judgement the access and use to the site.
4.4 In order to use the site the customer must register by giving the necessary identifying information and e-mail address with the purpose of identifying a personal cart. Supplying an e-mail address is necessary to conclude the execution of the contract and for the customer to use the downloading services and to receive the free newsletter

5. The Service Features
5.1 The services consist of: The possibility for each customer to receive the files (musical pieces, books, notes or scores etc.) available from the catalogue http://lnx.classicaviva.com/catalog and purchased by paying the indicated price on line. The possibility to receive the free periodical newsletter Classicaviva. Classica Viva may use the services of third parties to manage some of the services.
5.2 The use of the service assumes that the customer has the necessary compatible hardware and software. The lack of the above mentioned requirements and the inability to use the services can in no way be the responsibility of ClassicaViva. There is detailed information regarding the necessary hardware and software for listening to the music or viewing the files which you wish to purchase to be found on the page “FAQ” – Frequently Asked Questions.

6. File Purchasing and Payment Conditions
6.1 After selecting an object from the catalogue, and clicking on “add to basket”, the customer indicates the files he/she wishes to purchase. By pointing at “cart contents” and clicking on “chechout” the customer activates the payment procedure. Once the payment operation is completed the order can be considered finished and the purchased articles are the made available to be downloaded. The customer will receive an e-mail to confirm the order with a list of the purchased articles at his/her registered e-mail address.
6.2 The customer may make the payment by credit card or by the other payment methods indicated on the site. The right to receive the articles is obviously subject to the correct payment information. It will not be possible to use the services if after a check being made, the information received results to be not true, incorrect or incomplete.

7. Conditions for Downloading and Using the Files
7.1 After making the payment, the system enters the download page where it is possible to download the purchased files. The download can be carried out immediately after the payment or by the following method:
a. by selecting the required order on the page “my account”
b. by using the link which is included in the e-mail confirming the order. The download can be carried out the maximum of times as indicated for each article that has been purchased and within the timeframe indicated for each article in the same section.
7.2 Once the file has been downloaded it can be filed, copied, printed or reproduced exclusively for personal use. (see successive art. 11 and 12)

8. Validity of the Prices. Additional Prices
8.1 The prices are those that appear on the site at the time of receiving the order and include VAT. The offered by Classica Viva could change at any time without prior warning.
8.2 The newsletter is completely free of charge.
8.3 In order to be able to use the services the customer may have to pay a sum to a third part, such as suppliers for connections and/or suppliers of telephone services, all of which are not controlled by Classica Viva . All of these above mentioned additional expenses do not depend on Classica Viva and are not a payment for the cost of the services which in every case Classica Viva will communicate to the customer.

9. Payment Security The security for the credit card payments is guaranteed by Banca Sella. Banca Sella’s security system codes the information in a way to guarantee the security and privacy of all the information. The management and the finalization of the transactions happen in fact directly on the bank’s server. This method of payment permits the owner of the credit card to supply the personal information, (credit card number, expiration, name etc,) DIRECTLY to the bank and NOT to the virtual shop or to the service provider. In fact this solution allows the information relative to the credit card to go straight to the bank’s secured server right at the moment the customer confirms his/her intention to use the credit card for payment. Moreover the bank takes care to convey this information to the authorized international circuit of the credit card issuer and to give the result of the transaction back to the original site, recalling a reply page which supplies the customer with the information of the successfully concluded transaction. If you require further information on the security of the payments, please visit the site http://www.bancasella.it/. The customer agrees to advise Classica Viva of any eventual debit disputes within 60 days from the date of receipt of the debit. The lack of notification within this timeframe will automatically make it impossible for the user to make any dispute.

10. Interruption during Download In case of an abnormal interruption during the download, it is possible to repeat the operation by reselecting the order on the page “my account” by selecting the order and positioning on the “download links” section and selecting the file to download. The file is available for a limited number of downloads and for a limited period of time. These appear in the download section of the order. In case of any difficulty relating to the download, the customer should send an e-mail to webmaster@classicaviva.com. This message should be received by Classica Viva as soon as possible and in any case no later than 8 days following the purchase.

11. Obligations, Guarantees, Responsibilities of the user.
11.1 The customer declares and guarantees to be of age.
11.2 The customer guarantees that he/she will use the services for personal use and they will not be used by third parties and in particular by the under aged.
11.3 The customer’s right to use the service is personal and non transferable. The customer pledges to not reproduce, duplicate, copy, sell, resell or in any way exploit the material for commercial gains and in any case for financial gain or for free and to not to use The services nor any part of them or any part of the contents, including the purchased or downloaded files without the written consent of Classica Viva.
11.4 The customer agrees to use the services exclusively for purposes legally approved by the appropriate laws, for uses and unwritten standard rules. In any case not to cause any harm to Classica Viva and/or any third parties by paying particular attention to the rules for the protection of the author’s rights, of the trademarks and logos and also to the data and regulations regarding the telecommunications. The customer agrees to not use the services for Any action which is illegal, dangerous, threatening, abusive, disturbing, slanderous, vulgar, obscene, racist, or in any way repressive. To cause damage in any way , to any person and in particular to the under aged. To falsify his/her identity. To create titles or in other ways manipulate distinctive signs or indications with the purpose of forging the original of one, or all the of the contents of the service. To interfere or interrupt the service, the server, the network connected to the server., To violate, intentionally or unintentionally any law or applicable regulation. Moreover the customer agrees to respect the “netiquette”
11.5 The customer declares to be legally capable.

12. Intellectual Property Rights. Information on Trademarks and logos. The customer accepts that all the services and/or contents are protected by law regarding intellectual property and/or of other types and therefore the customer may only use the services within the limits and for the permitted purposes. Moreover the customer accepts that all the service contents and in particular the photographs, the audio and/or video files, all the information included on the site and also the editorial contents are protected by the laws governing the author’s rights, trademarks, brands and other rights of intellectual and/or industrial or any other rights of property. The customer accepts to not change or use in any way (either for free or for monetary gain) and to not distribute, spread or create any works derived in whole or partially from the service and/or the contents of such. All the trademarks and/or the logos on the site, whether reproduced as ideograms and/or in artistic forms are the property of Classica Viva and/or other companies which hold the rights and as such may not be reproduced and/or used in any form and under any circumstance without the specific written authorization from the legal owners. It is to be specifically understood that the ownership, the user rights and the commercial use is however the right ivi including the author’s rights in every way belonging to the service and/or the contents ivi including the files purchased and/or downloaded are and remain exclusively the property of Classica Viva and the customer has the right to copy the musical pieces or copy and print the downloaded files for the sole purpose of his/her personal use.

13. Classica Viva’s Privacy Policy The personal information and all the other information regarding the customer will be handled by Classica Viva based on the Privacy act art. 13 of d.lgs 196/03. Classica Viva specifies that it may profile the customer with the intention of profiling in order to have access to the customers preferences demonstrated the navigating the site. Classica Viva will adopt a system of customer profiling based on the analysis of the customer’s access exclusively for commercial purposes. In addition, Classica Viva specifies that it may use the automatic system for gathering information regarding the customer such as the web beacons and cookies for the sole purpose of facilitating the service use and/or the extra services and/or for commercial purposes. Classica Viva may intervene on the customer’s personal information whenever it feels necessary in good faith that this action is necessary for : or protecting the interests of Classica viva or third parties or to conform to the legal requirements or requests of any competent authority or whenever it is necessary to proceed to aid the competent police authorities in their activity of repressing illegal postings via internet by one or more customers even if but not necessarily limited to the use of the service and/or if the use of the service has been in any way part instrumental in the committing of any type of illegal activities. or to protect its rights in any manner or form, or to defend any contestation by a third party who assumes any action and/or omission by the customer in any way posted through the service and /or consequently violates their rights to the use of the service.

14. Information on Additional Services To inform the customer on new services and offers, Classica Viva may send informational e-mails, whenever the customer has given his /her permission for the use of personal details for this purpose during the registration to the site. If the customer does not wish to receive these e-mails he/she may: a) withhold the consent (by not checking the box to request the newsletter) or if the consent has already been given: b) request the discontinuation of this service at any moment.

15. Exclusion of Guarantee The customer agrees that:
a. the use of the service is at his/her sole and own discretion The services are offered “as is” and “as available”. Classica Viva expressly excludes any explicit and/or implicit guarantee.
b. Classica Viva does not guarantee that the services and/or their contents will satisy the customers needs or that they will be given without interruption, punctually, in a secure manner or without errors or that the quality of the products, services information or any other material purchased or acquired through the service will satisfy the customer’s needs or that any eventual errors of any kind will be corrected.
c. Any article downloaded or acquired at the customer’s sole and own discretion is at the customer’s own risk and the customer is exclusively responsible for any damages caused. No notice, advice consulting or information either written or verbal, supplied by the customer to Classica Viva or acquired by or through all or part of the service, will give any guarantee that is not expressly defined by CGS.

16. Exclusion of Responsibility
16.1 Classica Viva declines all responsibility for any eventual assumptions by the customer relative to the impossibility to use all or part of the service for any reason. Classica Viva does not assume any responsibility directly or indirectly happening to the customer for the lack and/or defective functioning of the customer’s or a third party’s electronic devices, including the internet service providers, the telephone and/or the telecommunication connections not managed directly by Classica Viva or any person directly related. Classica Viva cannot be held responsible for lack of its obligations or responsibilities for damages caused by the lack of service of all or part of the service due to mistaken or lack of functioning of the electronic devices used for communication outside of the predictable control, including for example fire, natural disasters, lack of electricity, inaccessibility of the telephonic lines or other suppliers of net services, malfunctioning of calculators or other electronic devices that are not an integral part of the internet network, malfunctioning of software installed by the user and also any actions by other users or other persons with access to the network.
16.2 Classica Viva will not be in any way responsible in case of delays, malfunctioning or interruptions in the use of the services and in the use of the single uses of the site by the user.
16.3 The customer understands and accepts that Classica Viva has no control of mediation or vigilance on the contents services such as the forum and as such no responsibility can be given to Classica Viva regarding the eventual illegal contents relative to the contributions made by the users of said services as under the legislative decree n. 70, 2003 and specifically but not exclusively to paragraphs 16 and 17. By not exercising a preventable control there is no obligation by Classica Viva to cancel any messages found to be discutible or offensive.
16.4 The customer understands and accepts that the information, the data, the software, the products and the included and available services available through the site may not be up to date or may contain inaccuracies or errors, unreliable unavailable, untimely and may contain viruses or other components which may cause damages.
16.5 Classica Viva will in no way be responsible for the results or patrimonial and/or any damages which could cause any harm of any type or nature due to the choices made by the user in the use and/or subsequent use of all or part of the services.

17. Manleva. Advising to the Competent Authority
17.1 The customer assumes the entire responsibility for all uses of the services and/or any use of all or part of the content of the services incompatible with CGS, recognizing the total responsibility; the connecter or whoever is in control, their representatives, dependants and also any partner with any obligation including the reasonable legal expenses, which could originate on their account regarding the use of the services used by him/her incompatible with CGS.
17.2 Classica Viva reserves the right to inform the judicial or administrative authority responsible for the vigilance of anyone who is aware of presumed illegal activities posted through the site by the customer.

18. Interruption of the Services Classica Viva reserves the right to suspend the services and/or any part of them at any time and to cancel the registration to the site in case of: A customer’s violation of the CGS The customer using the services and/or the individual uses of the site for illegal intents.

19. Links to Other Sites The web pages may contain links to other sites managed by third parties(referred to as “linked sites”). Classica Viva has no control of the linked sites and is not responsible for their content. The insertion of these links by Classica Viva does not imply a recognition of the site in question nor of any association with its operators.

20. Use Of the Services The site services are destined to for anon professional or industrial use.

21. Applicable Law to The Competent Foro
21.1 The CGS, as in general the use of the services by the customer will be regulated exclusively by the Italian law.
21.2 For any controversy which could evolve from the interpretation or the execution of the current contract will be exclusively at the competence of the Foro in the place of residence or domicile of the consumer as is defined by the paragraph art. 1469/2 of the Civil Code. In the case in which the customer is a different person than the consumer the competent Foro will be exclusively that of Milan.

22. D.lgs 185/99 The D.lgs n.185, 1999 applies only in the event the customer is a physical person and concludes the contract for the purpose not referable to his profession. In any case the right of recession is excluded by the art. 5 paragraph 3. letter a) of the D.lgs 185, 1999. Specifically with the approval of the CGS the customer declares to wish that Classica Viva executes to CGS before the expiration of the seven days of their approval.
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