Who we are: Blue Series Srl unipersonale is the company that owns the registered (EU) trademark «Mhadly» no. 302023000144663 of 05/10/2023 and the exclusive owner of the website mhadly.com To contact us, you can send an email to info@mhadly.com or use our certified email (PEC) blueseries@legalmail.it.

The VAT number is 02099810448.

Subject of the contract: Blue Series is the responsible OSM (Music Sector Operator) and the terms and conditions that follow govern the distance selling of accessories for musical instruments under the Mhadly brand.

Before placing any order, whether you are a Consumer or Professional Customer, we invite you to read these Terms and Conditions (T&C) carefully. Submitting the order from our site implies full knowledge and express acceptance of both the T&C and of what is indicated in the purchase procedure.

A Consumer is the natural person who acts for purposes unrelated to any business, commercial, professional or craft activity carried out.

A Professional is the natural or legal person who acts for purposes related to any business, commercial, professional or craft activity carried out.

Different contractual conditions may apply, in certain circumstances, to the Consumer and to the Professional.

We invite Consumers to pay particular attention to the clauses relating to:

Technical characteristics of the product, intended use and functional limits;

Purchase process,

Availability of products,

Shipping costs,

Delivery of products

Right of withdrawal

Warranty.

Professionals, including resellers and professional operators, can purchase exclusively by accessing the "B2B Network" section; we invite them to read carefully the conditions applicable to them.

TERMS AND CONDITIONS

The website mhadly.com is owned by Blue Series Srl, in the person of its legal representative pro tempore, with registered office in Via Salaria, 14 - 63077 - Monsampolo del Tronto (AP), and operational office in Via Piane Tronto, 64010 Controguerra (TE), Italy, registered in the Company Register with number AP195013, VAT no. 02099810448, paid-up share capital €10,000.00

1. CONDITIONS OF USE OF THE SITE

• The Site, the distinctive signs, the structure and the contents present therein (by way of example but not limited to, the images and the copy) may not be copied or reproduced, neither in whole nor in part, transferred by electronic or conventional means, modified, linked or used without the prior consent of the Seller.
• All trademarks and logos mentioned on the Site and present on the packaging and labels of the products are trademarks owned by Blue Series. Any use of third-party logos does not represent an approval or association of any kind with the respective companies holding the intellectual and industrial property rights.
• Pursuant to Legislative Decree no. 70 of 9 April 2003 containing the regulation of electronic commerce (e-commerce) and to articles 45 et seq. of Legislative Decree no. 206 of 6 September 2005 and subsequent amendments ("Consumer Code"), the Seller accepts orders from Customers who qualify as Professionals and Consumers (hereinafter "Customer/Customers", unless otherwise indicated). Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, a Consumer is the natural person who acts for purposes unrelated to any business, commercial, professional or craft activity carried out. Orders from Customers who purchase for purposes related to the business, commercial, craft or professional activity carried out (hereinafter the "Professionals") are subject to the civil code and to specific terms and conditions, excluding the protections provided in favour of the Consumer, which reflect or comply with mandatory provisions of law.
• The purchase of the products is allowed only to persons who are at least 18 years of age.
• Exclusively in relation to the activities carried out, the Seller declares to be the holder/in possession of all the rights, licenses, authorizations and certifications required by law for the production and placing on the market of the products.
• Before placing the order, the Customer is required to read these Terms and Conditions (also just "T&C") carefully. Submitting the order implies full knowledge and express acceptance, without reservations, of both the aforementioned terms and conditions and of what is indicated in the purchase procedure.
• The premises form an integral and substantial part of the T&C.

2. TECHNICAL CHARACTERISTICS OF THE PRODUCT, INTENDED USE AND FUNCTIONAL LIMITS

• The Products marketed by Blue Series are technical instruments for musical/percussive use, designed for manual use in practice, study and performance contexts.
• The Products are made using high-performance polymer composite materials, also reinforced with carbon fiber, and technical elastomeric components, with mechanical and dynamic behavior intrinsically dependent on the conditions of use, on the grip methods, on the impact surfaces and on the intensity of the stresses applied.
• The Customer acknowledges that the operation of the Product is neither autonomous nor standardizable, but derives from the interaction with external elements (such as traditional drumsticks, musical instruments, percussive surfaces, instrument configuration and playing style), and that any variations in performance, dynamic response or perception of use constitute characteristics of the Product itself and not defects.
• Some Products have construction and performance characteristics that differ from traditional drumsticks made of wood or other material; any differences in terms of response, durability, mechanical behavior or feel do not constitute a defect or non-conformity.
• For further information on the characteristics of the products, also for the purposes of applying the legal warranty, please refer to the User Manual available on the page of each individual product on the website.

3. SUBJECT AND CONDITIONS OF THE CONTRACT

• The Customer can purchase only the products displayed on the site at the time of browsing, subject to availability.
• Blue Series reserves the right to modify the assortment of Products offered on the Site at any time.
• The user can purchase a product based on the technical descriptions. It is specified that the image accompanying the descriptive sheet of a product has a purely illustrative function and may not be perfectly representative of its characteristics; for the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the Customer prevails. Given the production with industrial 3D printing and the use of polymers, there may be slight aesthetic variations that do not affect functionality.
• The contract is executed towards the Customer identified by the data entered in the order form that is transmitted electronically upon acceptance of the contractual conditions.
• The applicable contractual conditions are those in force on the date of transmission of the purchase order. Any modifications and/or new conditions are deemed to be in force from the moment of their publication on the Site and apply only to orders concluded after said publication.
• For any kind of request or communication, the Customer can contact the Seller using the contacts indicated at the url of the dedicated section in the footer of the website.
• The Customer acknowledges, accepts and gives consent to the fact that all communications, notifications, certifications, information, reports and in any case any documentation on the operations carried out, relating to the purchase of the Products, will be sent to the email address indicated at the time of registration or transmission of the order, with the possibility of downloading the information on a durable medium in the ways and within the limits provided by the Site.

4. REGISTRATION

• B2C: The purchase can take place in "guest" mode or through registration of an account. B2B: Registration is mandatory and access to the "B2B Network" section and the relevant price lists takes place only after verification of the VAT number and approval by Blue Series.
• Registration on the Site, through the creation of a personal and reserved area (hereinafter "Account"), allows the registered user to place and manage orders, manage their personal data, update it at any time and leave reviews. The registration credentials must be kept with the utmost care and attention. They can only be used by the registered user or by other members of the same company if the user is a Professional; in any case they cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. They also undertake to immediately inform Blue Series in the event that they suspect or become aware of improper use or improper disclosure of the same.
• In any case, the user retains the right to delete and close their Account by writing an email to info@mhadly.com making the request.

5. PURCHASE PROCESS

• Following the insertion of one or more products in the cart, the Customer views a summary of the details, can modify the order and/or can proceed to the checkout phase by adding the necessary information, such as the delivery address, the billing address -if different from the delivery address- and the chosen payment method.
• When sending the order by clicking on the confirmation button, the Customer undertakes to make the payment and also accepts the T&C.
• The receipt of the order is confirmed by the Seller through a confirmation communication via e-mail, sent to the email address communicated by the Customer at the time of registration.
• The order confirmation email shows the 'Customer Order Number', to be used in any further communication with Blue Series, a copy of the 'Terms and Conditions' of Sale accepted by the Customer, the information strictly necessary to summarize the essential characteristics of the purchased Product, the indication of the price, of the payment method used, of the delivery costs and of any additional costs. The message also reproposes all the data entered at the time of order confirmation by the Customer, who undertakes to verify their correctness and to promptly communicate any corrections by e-mail.
• The Customer can also check the status of their order by accessing their Account.
• The Seller must be able to request more information by e-mail or by telephone, above all in order to correctly fulfill the contractual obligations. Therefore, the Customer is obliged to enter real data in the order form.
• The Seller reserves the right not to execute purchase orders that do not provide sufficient guarantees of solvency or that are incomplete and incorrect. In such cases, the Seller undertakes to promptly communicate this to the Customer. In the event of submission of the order form and payment of the price, the Seller will refund what has already been paid in advance.

6. AVAILABILITY OF PRODUCTS AND CANCELLATION OF THE ORDER

• All product orders are subject to their availability. The Site is constantly monitored and updated in order to ensure maximum correspondence between the Seller's availability and that indicated online.
• Since the simultaneous access of many users-customers and the simultaneous possibility of "online" orders modify the availability of the product as entered by the Customer in the order, the Seller does not guarantee the certainty of allocation of the ordered goods and, therefore, the completion of the contract.
• On certain products subject to price promotions, the Seller reserves the right to accept orders by reducing the quantities, subject to communication and acceptance by the Customer, failing which the order must be considered cancelled.

In the event of unavailability of the products, the seller reserves the right to:

• cancel the order. In these cases, it will inform the Customer by e-mail or by telephone contact, where possible, that the contract is not concluded and that the Seller has not followed up on the order, specifying the reasons. In this case, the amount previously committed on the Customer's payment method is refunded. The refund is communicated by e-mail.
• contact the Customer by telephone to agree together on an extension of the delivery times; the Seller, following the agreement, will provide an update summary by e-mail on the modification of the previously expected delivery terms.
• The cancellation of the Order at the Customer's request entails the termination of the relevant purchase contract and the cessation of the obligations arising from it for Blue Series.
• Likewise, Blue Series, following unforeseen logistical and organizational difficulties, may cancel the Order by giving notice via email to the user or, subject to agreement with the same, modify the day and/or time of delivery. In the event of excessive requests from customers, Blue Series reserves the right to limit the number of modifications to Orders already placed. Finally, Blue Series reserves the right to refuse or cancel Orders that come from users with whom there is an ongoing legal dispute, who have previously violated these T&C, who have been involved in fraud or who have provided false or incomplete identification data.
• In all cases of cancellation of the order by the Seller for the reasons referred to in this article and communicated to the Customer, it is understood that the Seller cannot be held liable for any damages arising from the cancellation.

7. PRICES AND PROMOTIONS

• B2C: All prices intended for Consumers and published on the Site are expressed in Euros and inclusive of taxes; for intra-EU shipments, the system will apply Italian VAT (22%) until the legal threshold (€10,000) is reached, and then switch to the rate of the country of destination.
• B2B: Professionals view the dedicated price lists, net of VAT, in the dedicated area, where specific functions such as Quick Order and minimum order quantities are also present.
• Blue Series Srl reserves the right to modify the sale prices of the Products at any time and without notice and without the need for justification and specification.
• In the event that an incorrect and/or clearly derisory price is published, for any reason whatsoever (error in the systems, human error, etc.), the order is cancelled, even in the event of initial validation.
• The validity of the prices is always and only that indicated in the order confirmation that is sent to the Customer following the submission of the order.
• The prices of the Products expressed in the individual product sheet do not include shipping costs, which are displayed in the order summary after entering the delivery address and before confirmation by the Customer.
• In compliance with the Omnibus regulation aimed at Consumers, in the event of an announcement of a price reduction, both the promotional price and the lowest previous price applied in the last 30 days will be indicated. Discounts via "one-off" coupons or promotional codes are not subject to this indication.
• Any promotions reported on the Site are valid until the Products run out of stock and within the limits indicated from time to time.

8. PAYMENTS

• All orders are payable in euros, including taxes and mandatory contributions. Purchases made on the Site are secure, as they are guaranteed by SSL certification and the respective HTTPS protocol. The payment methods proposed involve exclusively multi-referenced circuits.
• The Customer can make the payment by credit/debit or prepaid card or by bank transfer. It is understood that the Seller remains extraneous to the contractual agreements that the Customer undertakes with the payment companies. Furthermore, the Customer guarantees to the Seller that they have the necessary authorizations to use the payment method chosen for their order at the time of submission of the order.
• At no point in the purchase procedure is the Seller able to know the information relating to the Customer's credit card, transmitted via a connection protected by an encrypted protocol directly to the site of the entity that manages the electronic payment.
• B2B: For Professionals, dedicated payment methods are possible on request (e.g. bank transfer and deferred conditions) and generation of the order with a B2B tag for integrated warehouse and logistics management.
• For each order placed, if the Customer has expressly requested it, by ticking the appropriate box contained in the order submission form and has provided the necessary data (valid VAT or tax code) when registering their account, the Seller issues an invoice for the shipped order. For the details reported when issuing the invoice, the information provided by the Customer at the time of order processing prevails. No change to the invoice is possible after it has been issued.

9. SHIPPING COSTS

• The Seller accepts orders with delivery in Italy and in Europe. Delivery takes place by courier. For non-EU orders and shipments, please contact the Seller at the following email address info@mhadly.com
• The entry of shipping addresses other than those provided by the Seller on the Site or communicated to the Customer following the submission of the order invalidates the purchase process and the contract is not concluded.
• Shipping costs may vary depending on the time of year and the Customer's province; Blue Series reserves the right to confirm the feasibility of delivery and any additional costs that the Customer must bear. No order will be processed and payment processed without the prior confirmation of the Customer.
• "Order processing times" means the interval of time that elapses from the receipt of the order to the delivery of the product to the courier.
• The shipping policies and the relevant costs can be modified at any time by the Seller, but the modifications are not applied to orders already submitted and accepted.

10. DELIVERY OF PRODUCTS

• The purchased products can be delivered to the address indicated by the Customer in the order; three delivery attempts are provided.
• The delivery times of the ordered goods are purely indicative; they may be subject to variations due to force majeure or due to traffic and road conditions in general or by act of the Authority, as well as for any delays attributable to the carrier. Without prejudice to the legal protections provided for Consumers, no liability can therefore be attributed to the Seller in the event of a delay in processing the order or in delivering the goods for causes not attributable to it.
• Delivery is deemed to have taken place, i.e. the order delivered, by the acquisition by the Customer or the recipient of the order other than the Customer or, in any case, by a third party indicated by them, of the material availability of the product, which is proven by the signature (by one of the aforementioned subjects) of the order receipt at the agreed shipping address.
• It is the Customer's responsibility – or that of the aforementioned subjects - to make themselves available during the day on the days indicated for the collection of the products at the address specified at the time of purchase. The Courier is in no way bound to give advance notice to the Customer or to deliver the products at the times possibly indicated by the Customer.
• In the event that the third delivery attempt is unsuccessful, the package will return to the sender; the Seller will refund the cost of the returned products to the payment method used by the Customer for the order, except for withholding the amount corresponding to the direct cost for the return of the products.
• Upon delivery of the products, the Customer is required to check:

- that the number of packages being delivered corresponds to what is indicated in the transport document sent to them;

- that the packaging is intact, undamaged, or in any case altered and with the closing seals intact.

• Any external damage or the lack of correspondence of the number of packages must be immediately disputed to the courier who carries out the delivery, by adding the wording "collection with reservation". In the specific case of a damaged package, it is necessary to write on the courier's waybill: "collection with reservation because the package is damaged".
• Once the courier's document has been signed, the Customer cannot raise any dispute regarding the external characteristics of what has been delivered.

11. RIGHT OF WITHDRAWAL

For B2C - Consumers:

• The Customer has the right to change their mind for any reason within 14 days of receipt of the products, without any penalty, to be exercised in the manner provided by the Site.
• The Consumer may use the withdrawal function or send a request to the email address ___________________ with the following content:

• Recipient [the name, geographical address and, where available, the telephone number, fax number and email addresses must be entered by the professional]:

• I/we (______) hereby notify the withdrawal from my/our () sales contract no. ___________ of the following goods/services (*)

• Ordered on (______) / received on (______)

• Name of consumer(s) __________

• Address of consumer(s) ____________

• Date ____________

• Once the email has been received, Blue Series will send the Customer the instructions for the correct exercise of the right of withdrawal and the instructions to book the courier or request assistance. The product is returned to the Seller's operational office in Via Piane Tronto, 64010 Controguerra (TE), where the return is processed. For any request for assistance in relation to the return granted, please contact the Seller.
• Blue Series will refund the Customer the amount already paid for the purchase of the goods, including delivery costs where borne by the Customer, in compliance with legal obligations, using the same payment method used by the Customer, unless otherwise agreed.
• Pursuant to art. 59 letter e) of the Consumer Code, given the nature of the product, the return is accepted only if the product is new and has never been used during the period of exercise of the right to change one's mind. Therefore, returns of drumsticks or accessories that show signs of use such as: abrasions on the shaft, shiny areas, residues of sandblasting/drumhead skin or metallic micro-channels will not be accepted. The Seller reserves the right to assess the possibility of a refund after Blue Series checks the actual integrity and good preservation of the goods, should the Consumer request it.

The shipping costs for the return in the event of a return are borne by the Customer.

For B2B - Professionals: No right of withdrawal is provided.

12. WARRANTY FOR DEFECTS

• Blue Series delivers to the Customer goods that conform to the sales contract. Except as provided by the following paragraphs and by the conditions applied by the manufacturer, the legal warranty of conformity of the goods applies to the items available on the Site and purchased by the Consumer in accordance with the laws of the Country in which they habitually reside. The legal warranty of the Professional follows the rules provided by the civil code.

13. EXERCISE OF THE WARRANTY FOR B2C - CONSUMERS

• The provisions referred to in articles 128 et seq. of Legislative Decree 206/2005 and subsequent amendments apply where possible; the legal warranty is 2 years from delivery and covers only conformity defects of production. The action aimed at asserting conformity defects, in any case, is time-barred within twenty-six (26) months from the delivery of the goods. When a conformity defect is detected, the Customer-Consumer must specify in writing to the email info@mhadly.com :

  • order number of the purchase;

  • tax documentation (where required and received);

  • identification of the model;

  • any product or batch code;

  • detailed description of the conditions of use;

  • photographic or video documentation suitable for detecting the defect and from which the defect of the damaged or incorrect product that they want to return is clearly evident.

Failure to provide such information may result in the impossibility of assessing the request.

Following receipt of the email or form and the relevant documentation, the Seller assesses the error, defects and non-conformities reported by the Customer and decides whether to authorize the return of the Products by providing them with a response via e-mail, having as its subject or reference in the text of the email the code of the original order and sent to the address provided when transmitting the order.

• The costs of returning the non-conforming product, if authorized, are borne by the Seller. The authorization to return the products does not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return.
• For the purposes of the warranty, therefore, once the defect has been detected and the request sent to Blue Series, the Customer is invited not to handle the product beyond what is strictly necessary and must cover the original wrapping of the products with other protective packaging that preserves its integrity and protects it during transport also from writing or labels.
• The products, the return of which the Seller authorizes for the aforementioned reasons, must be returned by the Customer, together with a copy of the return authorization communication, within 14 (fourteen) days of approval, and sent to the Seller's operational office in Via Piane Tronto, 64010 Controguerra (TE).
• After the appropriate checks, the Seller will possibly proceed with the replacement of the product or the refund as provided by the Consumer Code. Any refund - total or partial - of the price paid and of the relevant delivery costs is made, where possible, by the same payment method used by the Customer at the time of purchase of the Product or, alternatively, by bank transfer to the IBAN code provided by the Customer.

14. EXERCISE OF THE WARRANTY FOR PROFESSIONALS

• For the purchase made by the Professional Customer, the rules of the Civil Code apply, namely, specifically, art. 1495 of the Civil Code, which requires the reporting of defects within 8 days of discovery. The action is time-barred, in any case, within one year of delivery, deducible from the invoice and the accompanying letter.
• When a conformity defect is detected, the Customer-Professional must specify in writing to the following email address _________________:

  • order number of the purchase;

  • tax documentation received;

  • identification of the model;

  • any product or batch code;

  • detailed description of the conditions of use;

  • photographic or video documentation suitable for detecting the defect and from which the defect of the damaged or incorrect product that they want to return is clearly evident.

Failure to provide such information may result in the impossibility of assessing the request.

• Following receipt of the email or form and the relevant documentation, the Seller assesses the error, defects and non-conformities reported by the Customer and decides whether to authorize the return of the Products by providing them with a response via e-mail, having as its subject or reference in the text of the email the code of the original order and sent to the address provided when transmitting the order.
• The products, the return of which the Seller authorizes for the aforementioned reasons, must be returned by the Customer, together with a copy of the return authorization communication, within 14 (fourteen) days of approval, and sent to the Seller's operational office in Via Piane Tronto, 64010 Controguerra (TE).
• The costs of returning the Products are borne by the Professional.
• The Seller reserves the right to replace the product, to refund totally or partially what was paid following the appropriate checks, in accordance with the law.

15. PRODUCT RECALL

In the event that, following quality and safety control checks, the product does not comply with the conformity standards or there is a serious risk to health or at the request of the competent authorities, Blue Series adopts all measures aimed at preventing the sale of the same with consequent withdrawal from the market or corrective communication measures. Should the product at risk have already entered the Customer's availability, the Seller undertakes to implement every necessary action and to initiate, in accordance with the law, the recall and return procedure, transmitting all the information to the Customer about the conditions of insecurity and the instructions to make the return. The procedures provide for the identification of the products concerned, the prompt communication to the operators of the supply chain and, if necessary, to the end users. All recall and notification activities are documented and archived, ensuring the traceability of the actions taken.

16. CUSTOMER SERVICE AND COMPLAINTS

• It is possible to ask for information, send communications or forward complaints relating to the Products and/or to the execution of the Orders by writing to info@mhadly.com. For any complaint it is necessary, in the first instance, to contact the customer service using the contact forms present in the footer sections, indicating and illustrating the reason for the complaint. It will be managed through internal procedures; once the investigation has been carried out, a conclusive response to the complaint will be sent in writing.
• Correspondence received after the closing of activities on a given day will be considered as if it had arrived at the beginning of the following working day.

17. EXPRESS TERMINATION CLAUSE

The obligations assumed by the Customer, as well as the guarantee of the successful outcome of the payment that the Customer makes with the means referred to in art. 5, are of an essential nature, so that by express agreement, the non-fulfillment, by the Customer, of the services underlying the execution of the contract and of the quality of the service (among others, behaviors that hinder or do not facilitate the shipment of the products by the Seller) may determine the termination by law of the contract pursuant to art. 1456 of the Civil Code.

18. LIMITATION OF LIABILITY

• Blue Series assumes no liability for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, when paying for the purchased Products, provided that it demonstrates that it has adopted all possible precautions based on the best technology and experience of the moment and based on ordinary diligence.
• The Seller is in no way responsible for the improper or non-conforming use of the Products or, in any case, for any conduct by the Customer and/or recipient of the order.
• The Seller is in no way responsible for any damage, caused to the Customer or to third parties, deriving from a non-conforming use of the products.
• The Seller, in the event that it is unable to execute the order within the times provided by these general conditions of sale, assumes no liability if the inexact fulfillment, total or partial, derives from disservices due to the fact caused by a third party, due to fault attributable to the Customer or due to force majeure or fortuitous event or any other event that is not under the direct and exclusive control of the Seller (including, by way of example but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and/or private workers, strike and/or restrictions on the road network of couriers and air connections, holiday periods such as e.g. Christmas).
• The Seller is also not liable in the cases referred to in art. 118 letters b) and e) of the Consumer Code, respectively in cases where the defect that caused the damage did not exist when the Seller put the product on sale and when the state of scientific and technical knowledge, at the time the Seller put the product into circulation, did not yet allow the product to be considered defective.

19. APPLICABLE LAW

These General Conditions of Sale are governed by Italian law and are interpreted in accordance with it, without prejudice for the Consumer to any different overriding mandatory provision of the country of habitual residence of the Consumer Customer.

20. DISPUTE RESOLUTION

For B2C - Consumers:

For any dispute between the Consumer and the Seller, the court in whose district the Consumer has their residence or domicile has jurisdiction.

Pursuant to articles 141-bis et seq. of the Consumer Code, the Consumer Customer has the right to resort to alternative dispute resolution tools (ADR – Alternative Dispute Resolution) for the settlement of any disputes arising from the application, interpretation or execution of these General Conditions of Sale. It is possible to consult the updated list of ADR bodies available in Italy on the official page of the European Commission. In any case, the possibility for the Consumer to turn to the competent ordinary court remains. Pursuant to art. 66-bis of the Consumer Code, mandatory territorial jurisdiction is attributed to the court of the place of residence or domicile of the Consumer.

__________

For B2B - Professionals:

All disputes arising from or connected to this contract concluded by the Customer, including those concerning the existence, validity or termination of the contract itself, prior to any judicial phase - excluding the injunction phase - will be devolved to the mediation body specialized in the disputes covered by this agreement "Mediatori del Digitale" of ADR INTESA S.r.l. - mediatorideldigitale.it/, in compliance with the Regulation of the body in force at the time of filing the application. Should the mediation attempt be unsuccessful, the disputes will be subject to the exclusive jurisdiction of the Court of Ascoli Piceno, with express exclusion of any concurrent court.

21. REVIEWS

• Blue Series makes use of an online review collection service.
• The Customer who purchases one or more products will have the possibility to evaluate the product and/or the service, leaving a review ("Review"). The Review must concern the product received or the sales service provided by Blue Series, not third-party services (for example delivery).
• The Customer guarantees that any information, message, text, data, made available on the Seller's Site through a Review is original and does not violate the rights of third parties, by way of example copyright, intellectual property rights.
• The Customer acknowledges that they are the author and the sole responsible for any and all Reviews transmitted, disclosed, exchanged or otherwise made available by them to the Seller and undertakes to hold the Seller harmless from any claim and/or demand by third parties arising from their own Reviews and from the use they make of third-party Reviews.
• The Customer undertakes not to disclose and "post" Reviews containing personal data (e.g. telephone number), as well as not to enter/publish content of a child-pornographic, pornographic, obscene, blasphemous, defamatory, offensive nature, contrary to public order or morality, that promote or induce illegal activities or that contain viruses or other programs that damage the functionality of other people's computer systems.
• The Seller declares that it in no case carries out editorial control over the Reviews and does not carry out any control activity on the lawfulness, truthfulness, soundness, accuracy, non-misleading nature, non-offensiveness of the Reviews. In any case, the Seller reserves the right to refuse and/or remove at its discretion the Reviews deemed unsuitable and illegal.
• The Seller declines all liability for damages, claims or losses, direct or indirect, deriving to the Customer or to third parties from the transmission, disclosure, exchange or making available of Reviews provided by the Customer.
• The Customer who accesses the Site declares to be aware of the possibility that the reviews have contents deemed by the same to be inappropriate or that may offend the sensitivity of certain people, and in any case acknowledges that the responsibility for the Reviews is not the Seller's but that of the respective authors.

Specific acceptance of unfair clauses

Pursuant to and for the effects of articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read the contract and to expressly approve the following clauses:

art. 5 Availability of products and cancellation of the order; art. 6 letter c) cancellation of the order; art. 10 letter b) delivery times for Professionals; art. 18 and 21 letters g) and h) limitation of liability; art. 20 mediation clause and exclusive competent court for Professionals.