TERMS AND CONDITIONS

PREMISES

These are the General Terms and Conditions of Sale for Aemme Recording Studios, located in Olginate (LC), via Don Ambrogio Colombo, 46 (Tax Code: DDASVT81H10A509B – VAT: 02490590649).

DEFINITIONS

1.1. The term “online sales contract” refers to the sales contract related to the services offered by the Supplier, concluded between the Supplier and the consumer Purchaser within a distance selling system via telematic tools organized by the Supplier on its website www.aemmerecordingstudios.com.

1.2. The term “client” refers to the user who browses the website to view the services offered with the intention of purchasing one or more of them.

1.3. The term “purchaser” refers to the consumer, whether an individual or legal entity, who makes a purchase under this contract.

1.4. The term “supplier” or “service provider” refers to the entity mentioned in the preamble, which offers the services on this website.

1.5. The term “damaged” refers to the purchaser who has bought one or more services from the Supplier and has received a non-usable product.

1.6. The term “goods” refers to the goods produced and provided in digital format.

1.7. The term “revision” refers to any modification requested by the Client to the Supplier once the Supplier has completed the service and sent the files (mixed or mastered) to the Client.

1.8. The term “site” refers to the website identified at the address: https://aemmerecordingstudios.com/.

IDENTIFICATION OF THE SERVICE PROVIDER

The services subject to these General Conditions are offered for sale by Aemme Recording Studios, located in Olginate (LC), via Don Ambrogio Colombo, 46 (Tax Code: DDASVT81H10A509B – VAT: 02490590649), hereinafter referred to as “Supplier” or “Service Provider.”

Accessing and browsing the Site constitutes acceptance of the following terms without reservation.

OWNERSHIP

Aemme Recording Studios owns the domain name of the Site. The Site as a whole, as well as its individual elements (texts, setups, software, animations, photographs, videos, illustrations, drawings, graphic representations, logos, etc.) constitute intellectual works protected by the articles of the Italian Intellectual Property Code. The Site and its elements are the exclusive property of Aemme Recording Studios, which is the only entity authorized to exercise intellectual property rights and related personality rights, particularly trademarks, models, intellectual works, software, databases, performances, and images of people, either as the creator or by formal authorization or license.

PENALTIES

It is strictly forbidden to use the Site or any part of it, especially through download, reproduction, transmission, representation, or dissemination for purposes other than personal and private use. Anyone responsible for violating Aemme Recording Studios’ rights will face penalties as provided by the Italian Intellectual Property Code, especially regarding copyright and trademark rights infringement, and by the Italian Civil Code regarding civil liability.

HYPERTEXT LINKS

It is prohibited to create any hyperlink to any web pages or components of the Site without prior written authorization from Aemme Recording Studios, which can be revoked at any time. All external sites linking to the Site or any of its components are not under the control of Aemme Recording Studios, which therefore disclaims any responsibility (particularly editorial) concerning access and content of such sites.

Aemme Recording Studios endeavors to ensure, to the best of its abilities, the accuracy and timeliness of information published on the Site and reserves the right to correct its content at any time and without notice. However, Aemme Recording Studios cannot guarantee the accuracy, precision, and completeness of the information available on the Site, which does not constitute a guarantee or commitment by Aemme Recording Studios towards the user.

In particular, Aemme Recording Studios cannot be held liable:

– for any inaccuracy, error, or omission concerning the information available on the Site;

– for any damage resulting from third-party hacking that has altered the information made available on the Site;

– and, more generally, for any direct or indirect damage, regardless of its causes, origins, nature, and consequences, caused by anyone accessing the Site or being unable to access it, as well as by the use of the Site and/or the credit given to any information coming directly or indirectly from it.

Aemme Recording Studios takes measures to ensure the security of documents created from personal data collected on the Site. However, it should be noted that Aemme Recording Studios has no control over the risks associated with the functioning of the Internet and therefore draws users’ attention to the potential risks regarding the confidentiality of data transmitted over the network.

Aemme Recording Studios informs users that these terms may be modified at any time. Such changes will be announced through their online publication and will be considered accepted without reservation by any user accessing the Site after their online publication.

Italian jurisdictions have territorial competence to handle any dispute related to the use of the Site, unless otherwise provided by Regulation No. 44/2001 of 20.12.2000 on jurisdiction, recognition, and enforcement of judgments in civil and commercial matters (Brussels I). For any questions regarding the use of the Site and/or these terms, users can send a message from the “Contact” section of the Site and/or an email to: info@aemmerecordingstudios.com.

ARTICLE 1) OBJECT OF THE CONTRACT

1.1. Aemme Recording Studios offers services of recording, mixing, mastering, production, and licensing of audio files (hereinafter referred to as beats).

1.2. With this contract, respectively, the Supplier sells and the Purchaser buys remotely via telematic tools the services indicated and offered for sale on the website https://aemmerecordingstudios.com/.

1.3. The products mentioned in the previous point are illustrated on the web page: https://aemmerecordingstudios.com/.

Specifically, they include:

– recording services

– mixing services

– mastering services

– artistic production services;

– beat licensing services.

ARTICLE 2) CONTRACT STIPULATION PROCEDURE

2.1. The contract between the Supplier and the Purchaser is concluded exclusively via the Internet through the Purchaser’s access to the address https://aemmerecordingstudios.com/, where, following the indicated procedures, the Purchaser will formalize the proposal to purchase the services mentioned in point 1.1 of the previous article.

2.2. The Purchaser also declares to have the legal capacity to enter into these General Conditions of Sale.

2.3. Every time the Purchaser buys one or more goods or services on the site, they declare acceptance of the General Conditions of Sale and the Aemme Recording Studios Privacy Policy (hereinafter referred to as the “Privacy Policy”). These documents can be viewed before and at the time of purchase confirmation.

Aemme Recording Studios may update and modify these General Conditions of Sale and will inform its Clients of such changes via email. The terms applicable to the sale of services are those in effect at the time of the contract’s conclusion.

2.4. For further information on how Aemme Recording Studios processes personal data collected on the Site, Purchasers are invited to read the Privacy Policy.

ARTICLE 3) CONTRACT CONCLUSION AND EFFECTIVENESS

3.1. The purchase contract is concluded by purchasing one or more goods or services on the site, adding them to the “Cart” and paying the related price, or by filling out the request form and expressing consent to purchase via online submission to the address https://aemmerecordingstudios.com/ and the subsequent sending of the form itself.

Upon the Purchaser’s request sent through the form, a quote will be sent to them, which they can accept or reject. The contract will be considered concluded under the terms agreed upon in the quote, which can be printed and includes the orderer’s details, the service price, any additional charges, payment methods and terms, and delivery times.

3.2. Upon receiving the Purchaser’s order, the Supplier will send a confirmation email or display a confirmation and summary web page, which can be printed and includes the data mentioned in the previous point.

3.3. The contract is not considered perfected and effective between the parties without confirmation of acceptance by one of the Parties.

ARTICLE 4) EXCLUSIVE BEAT LICENSING

4.1. Aemme offers a Service that allows users (“Licensees”) to license, for a fee specified on the Site, certain audio recordings (each individually, a “Master” and collectively, the “Masters” or simply “Sounds”) and the underlying musical compositions incorporated in them (each individually, a “Composition” and collectively, the “Compositions”) for possible embodiment (“Sample” or “Sampling”) in other derived master recordings (each, a “Derived Master”) and underlying derived musical compositions (each, a “Derived Composition”). Masters, Compositions, Derived Masters, and Derived Compositions will be collectively referred to as “Musical Content.”

Aemme does not grant licenses or other rights to users of the Service regarding the Musical Content other than those specifically set forth below, and all other rights will be governed by the terms of any external Agreement, if present.

4.2. Granted Rights

The beats are licensed to you for the price indicated on the Site, they are not sold to you.

If you are interested in acquiring all the rights to a beat, write to the following email address: info@aemmerecordingstudios.com.

Provided you comply with the Agreement, we grant you an exclusive, non-transferable, and perpetual right to use the sounds obtained through Aemme in combination with other sounds in musical productions to create new recordings (each a “New Recording”). This means you can modify, reproduce, publicly perform, distribute, transmit, communicate to the public, and otherwise use the sounds incorporated in a New Recording, including for commercial purposes, unless prohibited below in the following point 4.3. You (and/or any third-party contributors or artists you engage in connection with the New Recording) will own all original contributions made to the New Recording that are not composed of the Sounds of the beat (e.g., additional vocals). For clarity, you will not own the Sounds or the beat itself.

Additionally, provided you comply with the Agreement, we grant you an exclusive, non-transferable, and perpetual right to use the sounds obtained through Aemme for both commercial and non-commercial use in creative works other than new recordings, such as but not limited to video games, film or television projects, radio, live shows, and so-called vlogs, used separately as sound effects, loops, and/or audio mixes (collectively, “Creative Works”).

4.3. Prohibited Uses

Notwithstanding any contrary provision and concerning both New Recordings and Creative Works, you may not (a) sublicense the Sounds separately as sound effects, loops, or as source material for any other form of sample (even if you modify the sounds), (b) use or sublicense the Sounds in a manner competitive with Aemme Recording Studios or its licensors, (c) sublicense, sell, lend, share, transmit, lease, rent, assign, distribute, or transfer all the Sounds to third parties, except those incorporated into a New Recording or Creative Work; (d) redistribute the sounds in new sample packs, or (e) use any sounds or portions of sounds identified as available for “preview” differently from the internal and local preview (on the Service) of the applicable sound (and to avoid doubts, the “preview” sounds cannot be modified, reproduced, publicly performed, distributed, transmitted, communicated to the public, sublicensed, or otherwise used and cannot be used for commercial purposes).

4.4. Exclusive License

Beats licensed by Aemme are exclusive. Once a beat is purchased, it will be removed from the Site and will no longer be purchasable or usable by anyone else.

4.5. Rights Reserved to Aemme Recording Studios/Salvatore Addeo

Once you purchase the beat, you will be its sole user and can use it with all the rights provided above.

If the beat is used to create a Derived Master or a Derived Composition, you will need to proceed with the substitute filing with SIAE (the beat file has already been filed with SIAE) for each use of the Beat, whether you keep the original name or decide to change it.

Salvatore Addeo will retain the following shares: 12/24 for the editions and 6/24 for the composition of the music; 6/24 for the lyrics will go to you.

We ask you to provide us with the details and your SIAE number so we can proceed with the filing to ensure the correct attribution of rights.

If you use third-party services for the song’s saving (e.g., Soundreef), make sure to perform the so-called “mixed deposit” indicating our SIAE position, and ensure that the filing with these services respects the rights shares as indicated. It is important to inform us of your intentions to ensure compliance.

4.6. Warranty Disclaimer:

1. To the maximum extent permitted by law, (a) the Service, the property of Aemme Recording Studios / Salvatore Addeo and the content available through the service are provided “as is” and on an “as available” basis, and (b) Aemme disclaims all warranties of any kind, express or implied, including: (i) any implied warranties of merchantability, fitness for a particular purpose, title, enjoyment, or non-infringement; and (ii) any warranties arising from dealing, usage, or trade, to the maximum extent permitted by applicable law. Aemme does not guarantee that the service will be uninterrupted, timely, secure, or error-free, virus-free, or free of other harmful components, that any problem will be corrected, or that the results obtained from using the service will be accurate or reliable.

Any content downloaded from or otherwise accessed through the service will be accessed at your own risk and you will be solely responsible for any damage to your property, including but not limited to your computer system and any device you use to access the service, or any other loss resulting from accessing such content.

1. No liability for third-party conduct.

You acknowledge and agree that the “Aemme entities” (as defined below) are not responsible and you agree not to hold Aemme or its assigns liable for the conduct of third parties, including third-party service providers and third-party website operators, third-party applications, or third-party ads (as defined below) and that the risk of harm from such third parties lies entirely with you.

1. No liability for the conduct of other users.

You are solely responsible for all your communications and interactions with other users of the service. You understand that Aemme makes no attempt to verify the statements of users of the service. Aemme does not guarantee that the goods or services provided by third parties will meet your requirements or be available uninterrupted, securely, or error-free. Aemme makes no warranties regarding the quality of such goods or services, or the accuracy, timeliness, truthfulness, completeness, or reliability of any user content obtained through the service.

1. Limitation of Liability and Indemnity

To the maximum extent permitted by law, in no event will Aemme Recording Studios, Salvatore Addeo, its affiliates, officers, employees, agents, service providers, partners, and licensors (collectively, “Aemme entities”) be liable to you for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or related to your access or use, or inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Aemme entity has been informed of the possibility of such damages.

Likewise, if you violate third-party copyrights, you will indemnify Aemme and all its assigns, including employees and officers, reimbursing any legal expenses of Aemme or the same holders, employees, officers, etc.

1. You hereby release Aemme and its successors from claims, demands, any losses, damages, rights, and actions of any kind, including personal injury, death, and property damage, directly or indirectly related to or arising from your use of the Service, including but not limited to, any interactions with or conduct of other Users or third-party services of any kind arising in connection with or as a result of the Agreement or your use of the Service. If you reside in California, you waive Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or losses, damages, rights, and actions of any kind, including personal injury, death, or property damage for any unconceivable commercial practice by Aemme or for fraud, deception, false promises, misrepresentations, or concealment, suppression, or omission of any material fact in connection with the Website or any Service provided below.

To the maximum extent permitted by law, you are responsible for your use of the Service and will indemnify and hold Aemme harmless from and against any third-party claims and any liability, damages, losses, and expenses, including reasonable legal and legal fees, arising from or related to: (a) Your Content; (b) unauthorized or misuse of the Service; (c) your violation of any part of the Agreement or any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property rights, privacy rights, or confidentiality rights, (including, but not limited to, in relation to any use of User Content or an Aemme sound or beat); or (e) any dispute or issue between you and any third party. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations regarding that matter) and, in such case, you will cooperate with our defense of such claims.

ARTICLE 5) PAYMENT METHODS AND REFUND

5.1. All payments by the Purchaser can only be made through one of the methods indicated by the Supplier.

5.2. Any refund to the Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the case of exercising the right of withdrawal within 24 hours as governed by art. 13 of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal.

5.3. The refund will be provided in the amount equal to the price of the purchased service, excluding any fees, commissions, and/or taxes applied by the payment system chosen by the Purchaser (e.g., PayPal fees, bank charges, etc.).

5.4. All communications regarding payments occur over a dedicated line from the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the current regulations on personal data protection.

ARTICLE 6) PRICES

6.1. All sales prices of the products displayed and indicated on the website https://aemmerecordingstudios.com/ or stated in the quote sent via email are expressed in Euros and constitute a public offer pursuant to art. 1336 c.c.

6.2. The sales prices mentioned in the previous point include VAT and any other applicable taxes. Shipping costs and any additional charges (e.g., customs clearance), if present, are not included in the purchase price and must be indicated and calculated in the purchase procedure before the Purchaser submits the order and also contained in the order summary web page.

ARTICLE 7) ORDER INFORMATION

7.1. Selection of Services by Clients

On the Site, Clients select, enter, and validate the designation and quantity of services they wish to order, which will be added to their “Cart.”

Clients can freely modify the content of their Carts, delete Items, change the quantities ordered, or add other Items to the Cart by clicking on the appropriate buttons.

7.2. Identification

Once the selection is complete, the Client can validate the content of the Cart, proceed with “Checkout,” and fill out the Client’s personal information form.

Once the order is placed, the Client cannot modify their address.

For further information on how Clients’ personal data is processed, please refer to the Privacy Policy.

Additionally, the Client agrees to immediately inform Aemme Recording Studios in case of fraudulent use of their Account.

Within the limits provided by applicable law, Aemme Recording Studios cannot be held liable for any direct or indirect damage caused by fraudulent access to the Account or the Site, or in case of the Client’s inability to access the Account or the Site.

7.3. Order Confirmation

The Client must provide all necessary information for the completion of the order, specifically:

– Full name;

– Address;

– Postal code;

– City;

– Phone number;

– Email address;

– Billing address;

– Payment method and payment information.

The Client can use the delivery address as the billing address or enter another one.

Once all this information is entered and validated, the price of the Items (as defined in article 6), as well as any shipping costs, the estimated delivery date, and the link to print and store a copy of these conditions, will be automatically displayed. The Client must verify that the selection is correct before confirming the order.

By clicking on “Proceed to Payment,” a definitive order for the Item(s) in the Cart is placed.

An order cannot be placed unless the Client has read and accepted these General Conditions of Sale and the Privacy Policy by clicking on “I have read and accepted the Terms and Conditions of the website.”

By accepting these Terms and Conditions, the User agrees to waive the right of withdrawal as provided for in art. 59 of the Consumer Code, as specified in article 13.

7.4. Order Confirmation by Aemme Recording Studios

Once the procedure described in article 7 is completed, the Client will be sent an order confirmation via email, indicating all the terms of the service provision. The Client consents to Aemme Recording Studios using the email address for order confirmation. Unless otherwise explicitly indicated, the receipt of the order confirmation does not constitute acceptance of the order.

The sales contract is considered concluded when the Client receives an order confirmation email from Aemme Recording Studios.

In the case of payment by credit card, the sales contract is concluded when the credit card is charged, as provided for in article 7, even if such a charge occurs before the order is shipped or before acceptance is otherwise expressed.

In the case of payment through PayPal, the sales contract is concluded when the Client confirms the order on the PayPal site.

In the case of payment through MyBank, the sales contract is concluded when the Client’s bank account is charged, as provided for in article 7, even if such a charge occurs before the order is shipped or before acceptance is otherwise expressed.

The order receipt confirmation includes the order number, the total amount of the order, any relevant shipping costs, and the delivery date, as well as the main features, quantity, and price of the purchased Item(s).

7.5. Service Provision and Revision Limits

When the Client places an Order through the Aemme Recording Studios website, a Studio Engineer is assigned to start the service for the purchased service.

Once the service is completed, the Supplier will send the tracks (recordings, mixed or mastered tracks) to the Client.

The maximum number of revisions for each track, included in the price paid by the Client when placing the Order and/or accepting the quote, is set at 2 revisions.

If the Client, after the second revision, wishes to further modify the track, they will request it from the Supplier. The Supplier, before proceeding with the third revision, will inform the Client of the additional cost for each subsequent revision beyond the second. If the Client accepts the additional cost requested by the Supplier, the Supplier will carry out the revisions of the track beyond the second revision once the additional payment is made. If the Client does not accept, the Supplier’s service will be considered concluded, with no further claims from either party.

7.6. Proof of Order

Clients are advised to keep a copy (electronic or paper) of the order information.

ARTICLE 8) UNACCEPTABLE ORDERS

Purchases made on the Site are intended solely for the Client’s personal use and not for resale. Aemme Recording Studios may refuse any order (i) placed by a Client with whom there is a dispute regarding the payment or delivery of a previous order, or (ii) that does not comply with these General Conditions of Sale.

If Aemme Recording Studios believes an order does not comply with these General Conditions of Sale, it will notify the Client via email.

If the Client does not correct the incorrect or non-compliant information in the order within fourteen (14) calendar days of receiving such notification, Aemme Recording Studios may cancel the order and the corresponding payment.

ARTICLE 9) PAYMENT TERMS

9.1. Payment by Credit or Debit Card

The Client can pay for their purchases with a credit or debit card. Visa, MasterCard, and Maestro cards are accepted.

The Client’s transaction will be conducted in compliance with banking security standards. Authentication is specific to each bank. By providing their credit or debit card number and/or bank details to Aemme Recording Studios on the Site, the Client unconditionally and in advance authorizes Aemme Recording Studios to proceed with the transaction, also authorizing their bank to proceed with the debit as soon as it receives the relevant documentation from Aemme Recording Studios, even in the absence of signed receipts from the cardholder.

The sales contract is concluded when the Client’s credit card is charged if the charge occurs before the Item(s) are shipped, or if the Item(s) have been expressly accepted in another way.

9.2. Payment by PayPal

Aemme Recording Studios accepts payment via PayPal.

Upon order confirmation, the Client can choose the PayPal payment option and will be automatically redirected to the PayPal platform.

The Client must then log in to their PayPal account using their credentials and password. If the Client does not have a PayPal account, they can create one at that moment. After confirming the order with PayPal, the Client will be redirected to the confirmation page on the Site.

Important Note:

PayPal is an independent payment service provider, so Aemme Recording Studios has no influence over whether the payment method chosen by the Client is accepted by PayPal or not. If difficulties arise in placing an order with “PayPal,” it will be necessary to contact PayPal customer service directly.

9.3. Payment in 3 Installments via PayPal

Aemme Recording Studios accepts payment in 3 installments via PayPal.

Upon order confirmation, the Client can choose the “Pay in 3 installments with PayPal” payment option and will be automatically redirected to the PayPal platform.

The Client must then log in to their PayPal account using their credentials and password. If the Client does not have a PayPal account, they can create one at that moment. After confirming the order with PayPal, the Client will be redirected to the confirmation page on the Site.

Upon order confirmation, the Client can choose the “Pay in 3 installments with PayPal” payment option.

This payment option allows splitting the cost of the order into 3 equal monthly installments without interest or fees.

The order will be shipped only after verifying the payment method, receiving authorization to charge the card from PayPal, as well as verifying the order’s compliance with these General Conditions of Sale and availability of the Item(s).

Important Note:

Payment in 3 installments must be accepted by PayPal, which is the only entity authorized for this purpose. Aemme Recording Studios has no power or authorization to accept payment in 3 installments, as PayPal is an independent payment service provider.

Therefore, Aemme Recording Studios has no influence over whether the payment method chosen by the Client is accepted by PayPal or not. If difficulties arise in placing an order with “Pay in 3 installments with PayPal,” it will be necessary to contact PayPal customer service directly.

9.4. Payment via MyBank

Aemme Recording Studios accepts payment in collaboration with MyBank. (The service is not provided by Aemme Recording Studios and the participating banks and PSPs can be consulted on the MyBank website).

The order will be shipped only after verifying the payment method, receiving authorization to charge the card from MyBank, as well as verifying the order’s compliance with these General Conditions of Sale and availability of the Item(s).

Important Note:

MyBank is an independent payment service provider, so Aemme Recording Studios has no influence over whether the payment method chosen by the Client is accepted by MyBank or not. If difficulties arise in placing an order with MyBank, it will be necessary to contact MyBank customer service directly.

ARTICLE 10) PRODUCT AVAILABILITY

If a service listed on Aemme’s site is no longer available, the Supplier will notify the Purchaser via email, inform them if they wish to use another service, specify the waiting times, and ask if they want to confirm the order or not.

ARTICLE 11) DELIVERY TIMES AND METHODS

11.1. The Supplier will deliver the selected and ordered goods or services (recorded tracks, mixed and/or mastered files, beats) via email or any other similar tool chosen by the Parties and indicated in the order confirmation email with all the service execution details.

11.2. Delivery times may vary from the same day as the order based on the workload.

11.3. The delivery methods, times, and costs are clearly indicated and highlighted at https://aemmerecordingstudios.com/.

ARTICLE 12) LIMITATIONS OF LIABILITY

12.1. The Supplier assumes no responsibility for service failures due to force majeure if it is unable to execute the order within the times provided for in the contract.

12.2. The Supplier cannot be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for service failures or malfunctions related to the use of the Internet outside of its control or that of its sub-suppliers.

12.3. The Supplier will not be liable for any damages, losses, and costs incurred by the Purchaser as a result of the non-performance of the contract for reasons not attributable to it.

12.4. The Supplier assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards, checks, and other means of payment, for the payment of products purchased, provided it demonstrates that it has taken all possible precautions based on the best science and experience of the moment and according to the ordinary diligence required.

12.5. In no case shall the Purchaser be held liable for delays or mishaps in payment if they demonstrate that they have made the payment in the times and methods indicated by the Supplier.

ARTICLE 13) LIABILITY FOR DEFECTS, PROOF OF DAMAGE, AND COMPENSABLE DAMAGES: SUPPLIER’S OBLIGATIONS

13.1. In the event that the goods received by the Purchaser (individual recorded tracks and/or mixed and/or mastered files) cannot be played due to defects and/or damage, the Supplier undertakes to resend the purchased goods subject to the contract, without prejudice to the obligations provided for in art. 114 et seq. of the Consumer Code.

13.2. The aforementioned request by the Damaged Party must be made in writing and must indicate the defective and/or damaged product, specifying the purchase date; it must also include an offer to view the product if it still exists.

13.3. The Supplier cannot be held liable for the consequences derived from a defective product if the defect is due to the conformity of the product, a mandatory legal norm, or a binding provision, or if the state of scientific and technical knowledge at the time the producer put the product into circulation did not yet allow the product to be considered defective.

13.4. No compensation will be due if the Damaged Party was aware of the product defect and the danger it entailed and voluntarily exposed themselves to it.

13.5. In any case, the Damaged Party must prove the defect, the damage, and the causal connection between the defect and the damage.

ARTICLE 14) EXCLUSION OF THE RIGHT OF WITHDRAWAL

Pursuant to art. 59 of the Consumer Code, the User, by accepting these Terms and Conditions, agrees to the exclusion of the right of withdrawal.

The User has 24 hours to cancel the purchased service, starting from the moment they completed the form and sent the request via the website: https://aemmerecordingstudios.com/.

If the User cancels the order within 24 hours, as specified above, they will be entitled to a partial refund equal to 50% of the paid price. This amount will be retained because, upon order submission by the User, a Sound Engineer is immediately assigned to execute and perform the service.

The refund will be provided as stipulated in article 5.2 of these Terms and Conditions.

After 24 hours, the User can no longer cancel the order, and no refund will be due in case of cancellation.

ARTICLE 15) SERVICE INFORMATION – LIMITATION OF LIABILITY – FORCE MAJEURE

15.1. Information on all items and services offered for distance selling is available on the Site and through Customer Service.

15.2. The photos, graphics, and descriptions of the Items offered for distance selling are for informational purposes only and are not binding on Aemme Recording Studios. Further information can be obtained by contacting Customer Service. While every effort has been made to ensure that the color and model of the items photographed on the Site accurately reflect the original Items, variations may occur, especially due to technical limitations related to the Client’s computer’s ability to display colors.

In no case shall Aemme Recording Studios be held liable for any causes of plagiarism on the tracks delivered by the Client or recorded by the same at the Aemme Recording Studios.

15.3. Aemme Recording Studios cannot be held liable to the Client, except in cases of willful misconduct or gross negligence, for service failures or malfunctions related to the use of the Internet outside of its control or that of its sub-suppliers.

15.4. Aemme Recording Studios assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards, checks, and other means of payment, for the payment of products purchased, provided it demonstrates that it has taken all possible precautions based on the best science and experience of the moment and according to the ordinary diligence required.

ARTICLE 16) CONTRACT TERMINATION

16.1. If one Party fails to comply with any of the obligations of this contract, the other Party may request termination pursuant to articles 1453 et seq. of the Civil Code, without prejudice to the right to compensation for damage.

16.2. Pursuant to article 1456 of the Civil Code, the party intending to avail themselves of the termination will notify the other party by sending a registered letter with acknowledgment of receipt or PEC (Certified Electronic Mail), indicating the reason; the effects of the termination will commence from the date of receipt of the termination communication, as evidenced by the acknowledgment returned to the terminating Party, and the Client will be entitled only to the return of any amount already paid, without the need for judicial pronouncement.

ARTICLE 17) DATA PROTECTION

For further information on how personal data collected through the Site is used, please refer to our “Privacy Policy.”

ARTICLE 18) INTELLECTUAL PROPERTY RIGHTS

The Client may not, directly or indirectly, reproduce, represent, or adapt the Site, in whole or in part, in any form.

Intellectual property rights related to all products or elements of Aemme Recording Studios (including Aemme Recording Studios Items), such as trademarks, illustrations, photos, videos, images, designs, and logos, whether registered or not, are and will remain the exclusive property of Aemme Recording Studios.

Any total or partial reproduction, download, modification, or use of the trademarks, illustrations, images, photos, logos, or designs of Aemme Recording Studios, for any reason and on any medium, is strictly prohibited without the prior written consent of Aemme Recording Studios.

Likewise, any use that does not comply with the license to use the Site, particularly the use of any component of the Site (items presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sale or any other direct or indirect commercial use is strictly prohibited without the express written consent of Aemme Recording Studios.

ARTICLE 19) WARRANTIES AND ASSISTANCE METHODS

19.1. For the purposes of this contract, it is presumed that the digital goods covered by this agreement or the goods provided through the digital services rendered by Aemme Recording Studios are in conformity with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are ordinarily used; b) they conform to the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) they present the quality and performance that are usual for goods of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods and, where applicable, the public statements on the specific characteristics of the goods made by the Seller, the producer or their agent or representative, particularly in advertising; d) they are also suitable for any particular use required by the Consumer, which was made known to the Seller at the time of the conclusion of the contract and which the Seller has accepted even through conclusive actions.

19.2. In the event that the sent tracks are not reproducible due to causes not attributable to Aemme Recording Studios (e.g., errors in sending or downloading caused by poor connection or Internet interruptions), the User must inform Aemme for a new sending of the tracks. The request must be sent in writing, via email or registered mail with return receipt, to the Supplier at the address OLGINATE (LC), VIA DON AMBROGIO COLOMBO N. 46, who will indicate their availability to fulfill the request, or the reasons that prevent them from doing so, within 7 working days of receipt.

ARTICLE 20) OBLIGATIONS OF THE CONSUMER PURCHASER

20.1. The Purchaser agrees to pay the price of the purchased goods within the times and in the manner indicated in the contract.

20.2. The Purchaser agrees, once the online purchase procedure is completed, to print and keep this contract.

20.3. The information contained in this contract has already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before purchase confirmation.

ARTICLE 21) CONTRACT ARCHIVING METHODS

Pursuant to Article 12 of the Consumer Code, the Supplier informs the Purchaser that each order sent is stored in digital/paper form on the server/at the headquarters of the Supplier according to confidentiality and security criteria.

ARTICLE 22) COMMUNICATIONS AND COMPLAINTS

Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: Olginate (LC), via Don Ambrogio Colombo n. 46 (Italy), or sent via email to: info@aemmerecordingstudios.com. The Purchaser indicates in the registration form their residence or domicile, telephone number, or email address to which they wish the Supplier’s communications to be sent.

ARTICLE 23) DISPUTES AND APPLICABLE LAW

These General Conditions of Sale are subject to Italian law, unless otherwise imposed by Regulation (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). This choice of law does not affect the Client’s right to the protection provided by the applicable laws of their country of residence in matters of consumer protection in the case of a consumer residing abroad.

The European Commission manages a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/consumers/odr.

PRIVACY POLICY WHO WE ARE

The web address of our site is: https://aemmerecordingstudios.com/

I – INFORMATION REGARDING THE SITE’S PRIVACY POLICY

1. This section contains information regarding the management of the website https://aemmerecordingstudios.com/ with reference to the processing of users’ data who browse this site.
2. This information is also valid for the purposes of Article 13 of Legislative Decree No. 196/2003, the Code regarding the protection of personal data, as well as for the purposes of Article 13 of EU Regulation No. 2016/679 (GDPR), concerning the protection of natural persons with regard to the processing of personal data as well as the free movement of such data, for subjects who interact with Aemme Recording Studios and can be reached at the corresponding initial page address: https://aemmerecordingstudios.com/
3. The information is real only for https://aemmerecordingstudios.com/ and not for other websites possibly consulted by the user via links contained therein.
4. The purpose of this document is to provide indications regarding the methods, times, and nature of the information that data controllers must provide to users when they connect to the web pages of www.aemmerecordingstudios.com, regardless of the purpose of the connection itself, according to Italian and European legislation.
5. The information may undergo changes due to the introduction of new regulations in this regard; therefore, the User is invited to periodically check this page.
6. If the User is under sixteen years of age, pursuant to Article 8, paragraph 1 of EU Regulation 2016/679, they must legitimize their consent through the authorization of parents or those who act in their place.

II – DATA PROCESSING

1. Data Controller
2. The data controller is the natural or legal person, public authority, service, or other body which, individually or together with others, determines the purposes and means of the processing of personal data. It also deals with security profiles.
3. With regard to this website, the data controller is Salvatore Addeo (Tax Code: DDASVT81H10A509B), and for any clarification or exercise of the user’s rights, they can contact him at the following email address: info@aemmerecordingstudios.com
4. Data Processor
5. The data processor is the natural or legal person, public authority, service, or other body that processes personal data on behalf of the data controller.
6. Pursuant to Article 28 of EU Regulation No. 2016/679, upon the appointment of the data owner, the data processor of the website https://aemmerecordingstudios.com/ is: Salvatore Addeo (Tax Code: DDASVT81H10A509B).
7. Data Processing Location
8. The data processing generated by the use of https://aemmerecordingstudios.com/ takes place in Olginate (LC), via Don Ambrogio Colombo n. 46.
9. If necessary, the data related to the newsletter service may be processed by the data processor or subjects appointed by him for this purpose at the relevant office.
10. Legal Basis of Processing
11. The processing of personal data by Aemme Recording Studios is based on consent – pursuant to Article 6, paragraph 1, letter a) of EU Regulation 2016/679 – expressed by the user by browsing this website and consulting it, thus accepting this information.
12. Consent is optional and can be revoked at any time by requesting it via email to: info@aemmerecordingstudios.com, specifying that, in such a case, in the absence of consent, certain services may not be provided, and browsing the website could be compromised.

III – DATA PROCESSED

1. Data Processing Methods
2. Like all websites, this site also uses log files in which information collected in an automated manner during user visits is stored. The information collected could be the following: – Internet protocol (IP) address; – Type of browser and device parameters used to connect to the site; – Name of the internet service provider (ISP); – Date and time of visit; – Web page of origin of the visitor (referral) and exit; – Possibly the number of clicks.
3. The above information is processed in an automated form and collected in an exclusively aggregated form to verify the correct functioning of the site and for security reasons. Such information will be processed according to the legitimate interests of the owner.
4. For security purposes (spam filters, firewalls, virus detection), the automatically recorded data may also include personal data such as the IP address, which could be used, in accordance with the applicable laws, to block attempts to damage the site itself or to harm other users or activities that are harmful or constitute a crime. Such data are never used for the identification or profiling of the user, but only for the protection of the site and its users; this information will be used based on the legitimate interests of the owner.
5. If the site allows the insertion of comments, or in the case of specific services requested by the user, including the possibility of sending the Curriculum Vitae for a possible employment relationship, the site automatically detects and records some identification data of the user, including the email address. These data are voluntarily provided by the user at the time of the request for service provision. By entering a comment or other information, the user expressly accepts the privacy policy and, in particular, consents that the contents entered are freely distributed to third parties. The data received will be used exclusively for the provision of the requested service and only for the time necessary for the provision of the service.
6. The information that users of the site will deem to make public through the services and tools made available to them, are provided by the user knowingly and voluntarily, exempting this site from any liability for any violations of the laws. It is up to the user to verify that they have the permissions to enter personal data of third parties or content protected by national and international standards.
7. Purpose of Data Processing
8. The data collected by the site during its operation are used exclusively for the purposes indicated above and kept for the time strictly necessary to carry out the specified activities, and in any case no longer than 2 years.
9. The data used for security purposes (blocking attempts to damage the site) are kept for the time strictly necessary to achieve the previously indicated end.
10. The data collected can be used for sending newsletters and messages sent via email or WhatsApp for promotional purposes, or to communicate any discounts, promotions, etc.
11. On this point, all the rights of the User to unsubscribe at any time without any reason from the newsletters sent and request deletion as indicated in the following Article IV (User Rights) remain unaffected.
12. Data Provided by the User
13. As indicated above, the optional, explicit, and voluntary sending of emails to the addresses indicated on this site entails the subsequent acquisition of the sender’s address, necessary to respond to requests, as well as any other personal data included in the message.
14. Specific summary information will be progressively reported or displayed on the pages of the site prepared for particular services on request.

IV – USER RIGHTS

1. Article 13, paragraph 2 of EU Regulation 2016/679 lists the user’s rights.
2. This site https://aemmerecordingstudios.com/ therefore intends to inform the user of the existence of: – the right of the interested party to request access to personal data from the data controller (art. 15 of the EU Regulation), their updating (art. 7, paragraph 3, letter a of Legislative Decree 196/2003), rectification (art. 16 of the EU Regulation), integration (art. 7, paragraph 3 letter a of Legislative Decree 196/2003), restriction of processing that concerns them (art. 18 of the EU Regulation) or to oppose, for legitimate reasons, their processing (art. 21 of the EU Regulation), as well as the right to data portability (art. 20 of the EU Regulation); – the right to request deletion (art. 17 of the EU Regulation), transformation into anonymous form, or blocking of data processed in violation of the law, including those whose retention is unnecessary for the purposes for which the data were collected or subsequently processed (art. 7, paragraph 3, letter b of Legislative Decree 196/2003); – the right to obtain the attestation that the operations of updating, rectification, integration of data, deletion, blocking, transformation have been brought to the knowledge, also regarding their content, of those to whom the data have been communicated or disseminated, except in the case where such fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right (art. 7, paragraph 3, letter c of Legislative Decree 196/2003).
3. Requests can be addressed to the data controller at their email address mentioned above (without formalities) or using the model provided by the Data Protection Authority.
4. If the processing is based on art. 6, paragraph 1 letter a – express consent to use – or on art. 9, paragraph 2 letter a – express consent to use genetic, biometric, health-related data that reveal religious, philosophical beliefs or union membership, that reveal racial or ethnic origin, political opinions – the user has the right to withdraw consent at any time without affecting the lawfulness of the processing based on the consent given before the withdrawal.
5. Similarly, in the case of a violation of the law, the user has the right to lodge a complaint with the Data Protection Authority, as the authority responsible for monitoring the processing in the Italian State.
6. For a more detailed examination of the rights that compete with the User, see articles 15 et seq. of EU Regulation 2016/679 and article 7 of Legislative Decree 196/2003.

V – OBLIGATIONS OF THE OWNER IN CASE OF DATA BREACH

1. The owner notifies the Privacy Guarantor of the processing of personal data they intend to proceed with, only if the processing concerns: – genetic, biometric data or data indicating the geographical location of persons or objects through an electronic communication network; – data suitable to reveal the state of health and sexual life, processed for the purposes of assisted procreation, telematic provision of health services relating to data banks or the supply of goods, epidemiological surveys, detection of mental, infectious and diffusive diseases, HIV positivity, organ and tissue transplants and monitoring of healthcare expenditure; – data suitable to reveal sexual life or the psychic sphere, processed by associations, entities, and non-profit organizations, even if unrecognized, of a political, philosophical, religious, or trade union nature; – data processed with the aid of electronic tools aimed at defining the profile or personality of the data subject or to analyze habits and consumption choices or to monitor the use of electronic communication services, excluding technically indispensable processing to provide the same services to users; – sensitive data recorded in databases for personnel selection on behalf of third parties as well as sensitive data used for opinion polls, market research, and other sample surveys; – data recorded in specific databases managed with electronic tools related to economic solvency risk, financial situation, proper fulfillment of obligations, unlawful or fraudulent behaviors.

VI – NOTICE FOR CALIFORNIA RESIDENTS

If the User resides in California, they must know that the CCPA (California Consumer Privacy Act) will not be applied due to the lack of the requirements provided by law (gross annual revenue less than 25 million dollars, less than 50,000 California consumers per year).

VII – NOTICE FOR RESIDENTS OF CANADA, AUSTRALIA, BRAZIL, AND ALL NON-EU COUNTRIES

If the User resides in Canada, Australia, Brazil, or any other country outside the European Union, they must know that the GDPR (EU Regulation 2016/679) will be applied as provided for by Article 3 of EU Regulation 2016/679 (headquarters and residence of the Data Controller and Data Processor in the European Union).

VIII – SECURITY OF PROVIDED DATA

1. This site treats users’ data in a lawful and correct manner, adopting appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of data. The processing is carried out using IT and/or telematic tools, with organizational methods and with logic strictly related to the purposes indicated.
2. In addition to the owner, in some cases, categories of employees involved in the organization of the site (administrative, marketing, commercial, legal, system administrators) or external subjects (such as third-party technical service providers, hosting providers, IT companies, communication agencies) may have access to the data.

IX – CHANGES TO THIS DOCUMENT

1. This document, published at the address: www.aemmerecordingstudios/privacy-policy/, constitutes the Privacy Policy of this site.
2. It may be subject to changes or updates. If these are significant changes or updates, they will be reported with specific notifications to users.
3. Previous versions of the document will still be available on this page.
4. The document was updated on 23.11.2022 to comply with the relevant legal provisions, and in particular with EU Regulation 2016/679 (GDPR).