1) Regulatory reference
These general terms and conditions of sale are governed by the Consumer Code (Legislative Decree no. 206/2005) and by the rules of the Civil Code. Funky Junk Italy Srl, with registered office in Milan, via Pollaiuolo n. 15, C.F. and P. IVA 12886790158, is also the owner of the website www.funkyjunk.it and www.funky-junk.it.
The section of the Site entitled “Commercial information” forms an integral part of the General Terms and Conditions. In the event of a change to the General Conditions, the General Conditions published on the Site at the time the Customer sends the order shall apply to the order.
2) Offer to the public
The products and their prices presented on the Site constitute an offer to professional users and/or to the public in accordance with the terms and conditions set forth in the General Terms and Conditions and on the Site itself. The purchase and/or rental contracts stipulated on the Site are concluded with Funky Junk Italy Srl.
3) Order
Each order or transaction, also made through e-commerce, is subject to approval by Funky Junk Italy Srl..
The order is binding and irrevocable from the moment it is received by Funky Junk Italy Srl.
In case of online sale and/or rental, Funky Junk Italy Srl will acknowledge receipt of the order by sending a confirmation e-mail, containing a summary of the items chosen, the relevant prices (including delivery costs), the delivery address and the general and special conditions applicable to the order.
The Customer undertakes to verify the correctness of the data and to immediately notify Funky Junk Italy Srl of any corrections. Any additional costs caused by errors in the data not reported in a timely manner will be borne by the Customer.
4) Rental
Funky Junk Italy Srl rents to the Lessee its equipment, which is fully owned by the Lessor and is in perfect working order and maintenance. At the end of the contract, the Lessee undertakes to return the equipment in an efficient state, except for normal wear and tear. In the event of damage to or destruction of the property or theft, the lessee undertakes to pay the costs of repair or repurchase of the same value. The Lessee shall be obliged to conserve and keep the goods entrusted to him with all diligence; He/She shall be obliged to reimburse the cost relating to the breakage or loss of the same even if caused by third parties or by events of force majeure. He/She will also reimburse any damage occurring during transport. For the repair of breakdowns, the Lessee must contact Funky Junk Italy srl, who will provide adequate instructions on how to proceed. The spare parts supplied, including, if necessary, the entire equipment itself in case of replacement, shall have characteristics and performances equivalent to those replaced.
The following are excluded from the hire: the supply of accessory material, the maintenance of electrical power supply devices that are not included in the table in which the equipment is described, repairs made necessary by incorrect use of the equipment, the malfunctioning of electrical protection devices, including earth sockets. Funky Junk Italy Srl shall charge the Lessee for the repair of the aforementioned faults, both the labour costs and the spare parts costs.
The rental fee shall be paid upon signature of the contract and subsequent collection of the equipment. A credit card is required to make the hire, otherwise a deposit will be requested which will be returned only after examining the proper functioning of the returned equipment.
The user is expressly forbidden to sublet the equipment covered by this contract.
The Lessee shall keep the goods free from any charges, pledges or encumbrances and shall ensure that the Lessor’s right to the goods remains free from detrimental acts, undertaking, should this occur, to compensate for any damage caused to the same.
In the event of non-payment or breach of any of the obligations incumbent on the Lessee, the Lessor shall be entitled to terminate the lease and demand the return of the goods. In this case the Lessee shall be obliged to return the equipment in the manner set forth below and shall also be obliged to pay the Lessor, in addition to the price, the relative indemnities for delayed payment, as well as, by way of compensation and subject to proof of greater damages, the amount of the price to be paid, discounted to the time of termination. For anything not expressly provided for, please refer to the provisions of articles 1571 et seq. of the Civil Code.
5) Terms and place of delivery
The delivery terms resulting from the contract of sale or hire are indicative and apply under normal working and supply conditions, and under no circumstances shall any delays give rise to a claim for reimbursement. The Customer or his appointee must be present at the place of unloading of the goods indicated in the contract to receive the goods and must sign the travel documents.
The return of the material, both in the case of hire and in the case of sale, is always understood to be to our head office in Milan or to our Exhibition in Rome. In the case of material specially sent from abroad, the rental will be charged with the cost of return transport.
Shipments made by Funky Junk’s courier service are always insured at the customer’s expense. In case of theft or damage during transport, Funky Junk Italy Srl will not be held responsible in any case if the shipment is not insured at the express request of the customer. In case of lack or non-conformity of the goods, any complaints must be made within 24 hours of delivery, in which case Funky Junk Italy Srl will replace the goods as soon as possible, without prejudice to the customer’s obligation to make payments within the agreed deadlines. In this case, the customer waives any and all claims for damages. Transport costs are always borne by the customer, who has the option of entrusting the transport to a trusted courier or to a courier with an agreement with Funky Junk Italy Srl, who will charge the cost on the invoice. No equipment can be returned unless authorized by Funky Junk Italy Srl, and if this is the case, only adequately packaged goods will be accepted. Such goods must also include manuals and various parts. Any missing or damaged parts will be charged.
6) Prices
All amounts are always exclusive of VAT and Ex Works Funky Junk Italy Srl, Milan. Transport, courier and insurance costs are always charged to the Customer, whether they are carried out by a carrier contracted with Funky Junk or by a forwarding agent chosen by the Customer.
7) Payments
Payments shall be made on the agreed due date(s), avoiding any deduction, even if only for rounding off purposes. Any delay in payment shall give rise to the cancellation of any agreed discounts as well as to the application of default interest pursuant to Legislative Decree no. 231/2002. In the sale by instalments, the goods remain the property of Funky Junk Italy Srl until they have been paid for in full, pursuant to Article 1523 of the Italian Civil Code. The buyer, however, assumes the risks from the moment of delivery.
8) Warranty Criteria
Funky Junk Italy Srl guarantees the Customer against the eviction and defects of the purchased goods, both for new and used goods according to the following criteria.
New: one year. In the event that the parent company guarantees a longer period of time, the customer will be responsible for labour and shipping costs of the equipment, but not for the cost of spare parts. In addition, when possible and at our own discretion, Funky Junk Italy Srl can support the customer with its own technical support facility, thus speeding up the repair process.
Used equipment: Processors and microphones are guaranteed for three months from the date of purchase.
Consoles and recorders are not guaranteed, but Funky Junk Italy Srl will inspect and maintain used equipment before delivery. It is therefore up to the customer to verify the actual condition of the product at the time of purchase and, if problems occur, to request repairs.
Funky Junk Italy srl’s warranty on used equipment excludes normal wear and tear of switches, potentiometers, and does not include light bulbs, displays, microphone capsules, and speakers, which the customer must verify at the time of purchase or upon receipt of the goods.
In no case are cosmetic defects covered by the warranty.
The warranty is always understood to be F.co Ns Laboratorio, any A/R shipping costs will therefore always be charged to the Customer.
In case of intervention at the Customer’s premises, it will be his responsibility to transfer and stay with our personnel according to our service rates.
Emergency intervention request (if required) € 60,00
Off-site assistance.
A reimbursement is applied to cover the cost of fuel, any tolls and time spent, and is applied as follows:
- Milan and hinterland € 90.00
- Outside Milan a reimbursement is applied on a kilometric basis at the rate of € 0.90/Km.
Hourly cost (not divisible)
- Standard € 75 ex VAT per hour plus parts
- Microphones € 95 ex VAT per hour plus parts
- Wiring € 50 ex VAT per hour plus parts
Accommodation and living expenses as per list
Amounts net of VAT
9) Jurisdiction
The Court of Milan shall have jurisdiction over any dispute relating to the supply of this order.
Any variations or waivers to the general and special conditions of the contract must be made in writing.