Terms and Conditions of Sales, Warranty, Returns

Warranty

1. Legal guarantee (for the consumer customer who buys directly from Polaris Audio Srl)

All products sold by Polaris Audio Srl directly to the end-user consumer, without intermediaries (dealers and / or stores), are covered by the legal warranty of 24 months for defects of conformity, in accordance with art. 129 of Legislative Decree no. 206/2005 (Consumer Code). By virtue of the legal guarantee, Polaris Audio S.r.l. is liable to the consumer (a natural person acting for purposes unrelated to his business, industrial, commercial, craft or professional activity) for any lack of conformity existing at the time of delivery of the product, as provided for in Article. 130 of Legislative Decree no. 206/2005 and within 24 months from the date of purchase.

The lack of conformity exists when the product is not suitable for the use for which it is intended, does not conform to the description or does not possess the qualities and / or performance promised by the seller and typical of the product sold, or the specific qualities and performance required by the consumer when this has been the subject of an agreement between the parties.24 The complaint of lack of conformity (art. 132, paragraph 1), which occurs within the period of validity of the legal warranty (24 months), must be made, under penalty of forfeiture, within two months from the date of discovery (art. 132, paragraph 2).

In the event of a lack of conformity, the consumer has the right to ask the seller, at his choice and without charge, to repair or replace the goods, unless the remedy requested is objectively impossible or excessively expensive (Art. 130, paragraphs 3 and 4). Repairs must be carried out within a reasonable period and, in any case, within sixty days, after which the consumer will have the rights under art. 130, paragraph 7); the seller, after reporting the lack of conformity, may offer the consumer the remedies referred to in paragraph 9) of art. 130, with the effects of the letters. Pursuant to paragraph 3 of Article. 132, the defect that occurs within six months of purchase, is presumed to exist on that date and the consumer has the right to restore, without charge, the conformity of the goods by repair or replacement (art. 130). To benefit from the assistance, the customer must keep the invoice (or the DDT) of Polaris Audio Srl that will receive with the goods purchased.

The customer can always ask us for a certified copy of the invoices relating to his purchases, by e-mail, or telephone, or by ordinary or registered mail. If, as a result of intervention by an Authorized Service Center, should not result in a lack of conformity pursuant to Legislative Decree no. 206/2005 (Consumer Code), the customer will be charged for any costs of verification and restoration required by the Authorized Service, as well as transport costs if incurred by Polaris Audio Srl.

2. Conventional warranty (valid for all customers, consumers or professionals)

1. In addition to the legal warranty for defects of conformity (provided directly by the person acting as a seller to the consumer customer), the products marketed by Polaris Audio S.r.l., enjoy the conventional manufacturer's warranty of 12 months.
2. The manufacturer's conventional warranty is additional and not onerous for the consumer. The consumer chooses whether to take advantage of the legal warranty or the conventional warranty. The conventional warranty provided by the manufacturer will be provided by authorized service centers. If, after the intervention of an Authorized Service Center, the defect is not covered by the manufacturer's conventional warranty, the customer will be charged for any costs of verification and restoration required by the Authorized Service, as well as transport costs, if incurred by Polaris Audio Srl. The Customer who has purchased the product from a Reseller, must contact the Reseller from whom he made the purchase and agree to return to service of the product itself. The Reseller will then send us the material for verification.
3. The replacements in case of DOA (Dead On Arrival: product not working at first ignition), except for the existence of the conditions for the application of Legislative Decree no. 206/2005 (Consumer Code), will be made only if expressly provided by the manufacturer. The time required to replace or repair the product, as long as it is reasonable, depends exclusively on the manufacturer. Polaris Audio Srl ensures that the time for repair/replacement is reasonable.
4. In the event that, for any reason Polaris Audio Srl, is unable to replace a product under warranty (restored or replaced), may proceed, with the consent of the customer, to replace the product (if still listed) or with another of equal characteristics and value or higher, finally, to issue a discount coupon of the same amount spent on another product valid for 6 months from the time of issue.
   No damage can be requested to Polaris Audio Srl for any delays in repairs or replacements of products under conventional warranty, except in cases of willful misconduct or gross negligence.
5. In cases where the application of the guarantees provides for the return of the product, the product must be returned by the customer in its original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, cables, etc. ...); to limit damage to the original packaging, it is recommended, when possible, to put it in a second box, should be avoided in all cases the affixing of labels or adhesive tapes directly on the original packaging of the product.

3. Causes of exclusion of the Warranty (valid for all Customers, consumers or professionals)

1. Firmware upgrade is a procedure that, if not completed correctly, may cause the CocktailAudio to fail (such cases are not covered by the Warranty). In case of doubt, we strongly recommend to have the updating operation carried out by qualified and specialized personnel. the utmost attention is applied in the realization and verification of the updating by the Manufacturer, and in subsequent tests on various products to ensure its proper functioning, therefore Polaris Audio S.r.l. is not in any way responsible for any damage caused by the updating operation and / or incorrect interpretation of instructions by the user. The update/restore of the firmware is a voluntary operation, carried out by the user who therefore assumes full responsibility for its success. In the event that the product suffers damage during the firmware update operation, this warranty is void. Attempting to install a firmware on non-compatible models (e.g. trying to install the firmware intended for the CocktailAudio X40 on a different device, such as the CocktailAUDIO X30), as well as the interruption of the update operation before its conclusion, or the occurrence of electrical events such as power surges (overvoltages, undervoltages, blackouts) result in physical damage to the flash memory of the Product and the inability to start the Product itself, resulting in the exclusion of this Warranty.
2. The Warranty covers only and exclusively failures or malfunctions that arose during the Warranty period and under normal conditions of use due to material and/or manufacturing defects. The Warranty expires automatically in the event of:
   - Tampering (opening), alteration, replacement or repair of the product by persons not expressly authorized by Polaris Audio S.r.l.
   - Tampering (opening), abrasion, cancellation, removal of the serial number/matrix on the Product, its components and accessories
   - Detachment, breakage, tampering or other violation of the integrity of the warranty seals placed on or opening the Product.
3. The Warranty is expressly excluded in the event of:
   - Shocks, falls, failures or defects attributable to external causes
   - Accidents, improper use of the equipment by the Buyer or third parties
   - Wrong configuration of parts, components, devices, mechanisms, equipment, peripherals, programs
   - Grid malfunctions (overvoltages, undervoltages, blackouts)
   - Use of the product in an unsuitable environment and/or pouring of liquids onto the product
   - Faults and defects caused by parts foreign to the product and/or resulting from interaction with additional components
   - Natural or fortuitous events
   - Broken liquid crystals
4. The following are specifically excluded from the Warranty: a) The operating and basic software and systems supplied with the Product; b) Components which, due to their nature or normal wear and tear, wear or decay, require periodic maintenance or replacement (power supply cables and structural components, subject to mechanical stress), by way of example but not limited to; c) Components or accessories purchased separately; d) Repairs following damage caused by the user's inexperience or incorrect installation of updates.
5. The warranty does not cover marginal defects that have a negligible effect on the value or functionality of the Product: in particular, the presence of points with defective colouring in the dead pixel panel of the Product is considered acceptable up to a total number of 5 (five) points or 4 (four) contiguous points. Therefore the panel of the Product will be considered defective for the purposes of this Warranty only if the defective colouring is present in a number exceeding 5 (five) points or 4 (four) contiguous points.

Sending a product to the Service Centre does not necessarily mean that it will be repaired free of charge under the Warranty. Upon receipt of the product, the Service Centre reserves the right to verify the validity of the Warranty. Repairs carried out outside the Warranty will be charged at the prices in force at the time of repair.

Right of Returns (Information pursuant to Legislative Decree no. 206/05) valid for distance purchases (for the consumer end-user who buys directly from Polaris Audio Srl, not for businesses)

Under Article. 64 et seq. of Legislative Decree no. 206/2005, if the customer is a consumer (ie a person who buys goods for purposes not related to his professional activity, or does not make the purchase indicating in the order form to Polaris Audio Srl a reference to VAT), has the right to terminate the distance purchase contract for any reason, without penalty and without prejudice to what is indicated below in the "mandatory conditions". To exercise this right, the consumer customer, who has purchased directly from Polaris Audio Srl outside our business premises, must notify us of his will by registered letter with acknowledgment of receipt within 14 days from the date of receipt of goods to: Polaris Audio Srl Via Matteo Babini, 28 00139 - ROME (RM) After receiving the registered letter, Polaris Audio Srl will send by email to the customer a form with an authorization number that must be attached to the outside of the casing in which the product will be physically placed and sent to the headquarters of Polaris Audio Srl within 14 days of authorization.

Mandatory conditions for exercising the right of return

The right applies to the product purchased in its entirety, you can not exercise withdrawal only on part or parts of the product purchased (eg accessories, software attachments, etc ...)

- the right does not apply to audiovisual products or sealed computer software (including those attached to hardware), once opened

- the goods purchased must be intact and returned in their original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, cables, etc. ...); to limit damage to the original packaging, we recommend, when possible, to put it in a second box, on which to affix the RMA number (return authorization code) issued by Polaris Audio Srl; it must be avoided in all cases and absolutely the affixing of labels or adhesive tapes directly on the original packaging of the product

- the goods subject to the exercise of the right of return must be returned in a normal state of preservation, as it has been kept and possibly used with the use of normal diligence: will therefore not be accepted products used that show signs of damage or dirt and therefore can no longer be considered intact

- the goods subject to the exercise of the right of return must bear the same serial number on the sales invoice of Polaris Audio Srl; if the goods should bear a serial number different from that indicated in the invoice, the return will not be accepted and the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal

- the shipment, until the certificate of receipt in our warehouse, is under the full responsibility of the customer in case of damage to the goods during transport, Polaris Audio Srl will notify the customer of the incident (within 5 working days of receipt of the goods in their stores), to allow him to file a timely complaint against the carrier of his choice and obtain a refund of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for return Polaris Audio Srl is not liable in any way for damage or theft / loss of goods returned by uninsured shipments Except for any repair costs for damage to the original packaging, Polaris Audio Srl will reimburse the customer the full amount already paid, within 14 days of return of goods, by reversal of the amount charged to the credit card or by bank transfer. In the latter case, the customer will be responsible for promptly providing the bank details on which to obtain a refund (ABI Code - CAB - Current Account of the invoice holder).

The right of return is totally forfeited, for lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases where Polaris Audio Srl ascertains:

- the failure to affix the authorization form issued by Polaris Audio Srl on the outer packaging of the package shipped

- the lack of the original outer and/or inner packaging

- the absence of integral elements of the product (accessories, cables, manuals, parts, ...) or anomalies to the product itself

- damage to the product for reasons other than transport

- a state of soiling of the product due to its use, which has compromised its integrity

The right of return does not apply in the event that the collection of goods was made at the headquarters, in which case the transaction is transformed into a simple reservation completed in purchase at the time of collection by the customer who will receive a regular invoice or receipt.

This type of transaction can therefore not be considered as an order concluded online or a sale at a distance as the withdrawal was made at the headquarters.

The risks of transport for the return are entirely borne by the customer. The return of products not intact, damaged or without accessories and original equipment will not be accepted by Polaris Audio Srl and will be returned to the sender with additional transport costs. In case of forfeiture of the right of return, Polaris Audio Srl will return to the sender the goods purchased, charging the same shipping costs.

POLARIS AUDIO SRL è iscritta ai seguenti consorzi:

• Registro AEE: IT14050000008392
• Socio ReMedia
• Socio CONAI
• Rispetta la Normativa S.I.A.E. versando gli importi dovuti per Equo Compenso per Copia Privata a  favore di Autori, Artisti e Produttori delle Opera Musicali