General conditions of sale of products online to particular consumers
Preamble
These general conditions of sale apply to all sales made on the lntemet site
Musiquederre.fr
The www.musiquedeterre.fr website is a service of
MONSIEUR OLIVIER GOSSELINK
Located in VERS BOEUF, 69870 SAINT CYR LE CHATOUX. FRANCE
Site URL address: www.musiquedeterre.fr
e-mail: musiquedeterre@orange.fr
phone: 04 74 60 16 12
The Musique de Terre website sells the following products: Musical instruments
The customer declares that he has read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 1 – Principles
These general conditions express the entire obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.
They are accessible on the Musique de Terre website and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship.
The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to fail, it would be considered to be governed by the customs in force in the distance selling sector whose companies are headquartered in France.
These general conditions of sale are valid until
Article 2 – Content
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the Musique de Terre website
These conditions only concern purchases made on the Musique de Terre website and delivered
exclusively in mainland France or Corsica. For any delivery in the DOM-TOM or abroad, a message should be sent to the following email address: musiquedeterre@orange.fr
These purchases relate to the following products: Musical instruments
Article 3 – Pre-contractual information
The buyer acknowledges having had communication, prior to placing his order and conclusion of the contract, in a legible and understandable manner, of these general conditions of sale and all the information listed in article L. 221- 5 of the consumer code.
The following information is transmitted to the buyer in a clear and understandable manner
– the essential characteristics of the property
– the price of the goods and / or the method of calculating the price
– and, if applicable, all additional costs of transport, delivery or postage and all other possible costs payable.
In the absence of immediate performance of the contract, the date or time limit for the seller to deliver the goods, regardless of the price
information relating to the identity of the seller, his postal, telephone and electronic contact details, and to his activities, those relating to legal guarantees, the functionality of digital content and, where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions.
Article 4 – The order
The buyer has the possibility of placing his order online, from the online catalog and using theform which appears there, for any product, within the limit of available stocks.
The buyer will be informed of any unavailability of the product or of the goods ordered.
For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and delivery method, and finally validate the payment method.
The sale will be considered final
after sending to the buyer confirmation of acceptance of the order by the seller by Email and after receipt by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur as part of a possible exchange and the guarantees mentioned below.
In some cases, including default of payment, wrong address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order] until the problem is resolved.
For any question relating to the follow-up of an order, the buyer must call the following telephone number: 04 74 60 16 12 (cost of a local call), on the following days and times: Monday to Friday, 8 am to 6 p.m., or send an email to the seller at the following email address: musiquedeterre@orange.fr
Article 5 – Electronic signature
The online supply of the buyer’s bank card number and the final validation of the order will constitute proof of the buyer’s agreement:
– exigibility of the sums due under the order form,
– signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this usage is observed, to contact the seller at the following telephone number: 04 74 60 16 12.
Article 6 – Order confirmation
The seller provides the buyer with a copy of the contract by email.
Article 7 – Proof of the transaction
The computerized registers, kept in the seller’s computer systems under conditions
reasonable security, will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 8 – Product information
The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or
omissions may have occurred regarding this presentation, the seller’s responsibility could not be engaged.
The photographs of the products are not contractual.
Article 9 – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on this date.
Prices are in euros. They do not take into account delivery costs. invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the products.
Article 10 – Method of payment
This is an order with payment obligation, which means that placing the order involves payment by the buyer.
To settle his order, the buyer has, at his choice, all the payment methods available to himdisposed by the seller and listed on the seller’s site. The buyer guarantees to the seller that he has theauthorizations possibly necessary to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal to authorize payment by credit card from officially accredited bodies or in the event of non-payment. The seller notably reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is being administered .
The payment of the price is made in full on the day of the order, according to the following terms: by paypal.
Payment of the price is made in full, according to the following terms: by paypal.
Article 11 – Availability of products – Refund – Resolution
Except in cases of force majeure or during the periods of closure of the online store which will be clearly announced on the home page of the site, the delivery times will be, within the limit of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the email confirming the order.
For deliveries in mainland France and Corsica. the deadline is 3 working days from the day following that on which the buyer has placed his order, in the following manner: Colissimo. At the latest, the period will be 30 working days after the conclusion of the contract.
For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to execute it within a reasonable additional time.
In the absence of performance by the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered as canceled upon receipt by the seller of the letter or written notice informing him of this termination, unless the trader has performed in the meantime.
The buyer may however immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is canceled. the seller is obliged to reimburse the buyer for all the sums paid, at the latest within 14 days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will be able to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment at the latest, or the exchange of the product.
Article 12 – Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered in the manner and within the time period specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be redirected at the buyer’s expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the parcel to be collected at the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his
signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products…).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery slip.
The buyer must then con fi rm by registered mail these reservations to the carrier at the latest within two working days of receipt of the item (s) and transmit a copy of this mail by fax or simple mail to the seller at the address indicated in the notices. legal notices.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made after this time cannot be accepted.
The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 – Delivery errors
The buyer must formulate with the seller on the same day of delivery or at the latest the first working day following delivery, any claim of error in delivery and / or non-conformity of the products in kind or in quality in relation to indications on the order form. Any complaint made beyond this period will be rejected.
The claim may be made, at the buyer’s choice:
– telephone number: 04 74 60 16 12;
– e-mail address: musiquedeterre@orange.fr.
Any claim not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, in Registered Colissimo, to the following address:
Olivier Gosselink – Vers Boeuf. 69870 St. Cyr le Chatoux.
Return costs are the responsibility of the seller.
Article 14 – Product warranty
14-1 Legal guarantee of conformity
The seller is responsible for the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
– the purchaser bene fi ts from a period of 2 years from the delivery of the goods to act;
– the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-17 of the consumer code;
– the buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the goods.
14-2 Legal warranty for hidden defects
In accordance with articles 1641 and following of the civil code, the seller is guarantor of hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed in the sale of the property and are such as to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the Civil Code.
Article 15 – Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the consumer code, the buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and request the exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased (s) will be reimbursed and the delivery costs will be reimbursed.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or reimbursement will be made within 3 working days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
Exceptions
According to article L221-28 of the Consumer Code. the right of withdrawal cannot be exercised for contracts:
– supply of goods, the price of which depends on fl uctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
– supply of goods made according to the consumer’s specifications or clearly personalized;
– the supply of goods liable to deteriorate or expire quickly;
– the supply of goods which have been damaged by the consumer after delivery and which cannot be
dismissed for reasons of hygiene or health protection;
– supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
– the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fl uctuations on the market beyond the control of the professional;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency
– the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
– supply of a newspaper, periodical or magazine, except for subscription contracts to these
publications;
– the supply of digital content not supplied on a material medium, the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal.
Article 16 – Force majeure
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible. Expressly, force majeure or fortuitous events are considered, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stopping telecommunication networks or dif fi culties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
Article 17 – Intellectual property
The content of the website remains the property of the seller, the sole holder of the intellectual property rights over this content.
Buyers agree to make no use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Article 18 – Data processing and Liberties
The personal data provided by the buyer are necessary for the processing of his order and for preparing invoices.
They can be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Musique de Terre website has been declared to the CNIL.
The buyer has a permanent right of access, of modification. of rectification and opposition regarding information concerning him. This right can be exercised under the conditions and in the manner defined on the Musique de Terre site.
Article 19 – Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and their scope.
Article 20 – Non-waiver
The fact for one of the parties not to claim a failure by the other party to any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 21 – Title
In case of dif fi culty of interpretation between any of the titles appearing at the head of clauses, and any of the clauses. the titles will be declared non-existent.
Article 22 – Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 23 – Mediation
The buyer can use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
Article 24 – Applicable law
These general conditions are subject to the application of French law. The competent court is the district court for disputes of less than or equal to € 10,000 or the district court for disputes of which the amount is more than € 10,000.This is the case with the substantive rules as well as with the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
Article 25 – Protection of personal data
Data collected:
The personal data which are collected on œ site are the following:
Account opening: when creating the user’s account, their last name, first name. email address; Phone Number; address;
Connection: when the user connects to the website, the latter records, in particular, their surname, first name, connection and usage data. location and payment details.
Profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number.
Payment: as part of the payment for products and services offered on the website, the latter records fi nancial data relating to the user’s bank account or credit card.
Communication: when the website is used to communicate with other members, the data relating to the user’s communications is temporarily stored.
Cookies: Cookies are used in connection with the use of the site. The user has the option of deactivating cookies from their browser settings.
Use of personal data
The personal data collected from users is used to provide the website services, improve them and maintain a secure environment. More specifically, the uses are as follows:
– access and use of the website by the user;
– management of the operation and optimization of the website;
– organization of the conditions of use of the Payment Services;
– verification, identi fi cation and authentication of data transmitted by the user;
– proposal to the user of the possibility of communicating with other users of the website;
– implementation of user assistance;
– personalization of services by displaying advertisements according to the user’s browsing history according to their preferences;
– prevention and detection of fraud, malware (malicious software) and management of security incidents;
– management of any disputes with users;
– sending commercial and advertising information, according to user preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracted;
– when the user publishes information accessible to the public in the free comments areas of the website;
– when the user authorizes the website of a third party to access their data;
– when the website uses the services of providers to provide user support, advertising and payment services. These providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on data protection staff ;
– if required by law, the website can transmit data to follow up on complaints
presented against the website and comply with administrative and judicial procedures;
– if the website is involved in a merger operation. acquisition, disposal of assets or
receivership, it may have to sell or share all or part of its assets, including personal data. In that case. users would be informed before personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: musiquedeterre@orange.fr.
– the right of access: they can exercise their right of access, to know the personal data
concerning. In this case, before the implementation of this right, the website may request proof of
the identity of the user in order to verify its accuracy.
– the right of rectification: if the personal data held by the website are inaccurate, they
may request the updating of information.
– the right to delete data: users can request the deletion of their personal data. in accordance with applicable data protection laws.
– the right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
– the right to object to data processing: users can object to their data being
are processed in accordance with the assumptions provided by the GDPR.
– the right to portability: they can request that the website give them the personal data provided to them to transmit it to a new website.
Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of
personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.
Annex
Consumer Code
Article L. 217-4: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. ”
Article L. 217-5: “The goods comply with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to
the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer. brought to the seller’s attention and that the latter has accepted. ”
Article L. 217-6: “The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them”.
Article L. 217-7: “Defects of conformity which appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. ”
Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not ignore when he contracted. The same is true when the defect originates in the materials which he himself has supplied. ”
Article L. 217-9: “In the event of lack of conformity. the buyer chooses between the repair and the replacement of the good. However, the seller can not proceed according to the choice of the buyer if this choice involves a manifestly disproportionate cost compared to the other modality, taking into account the value of the well or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. ”
Article L. 217-10: “If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price returned or keep the goods and receive part of the price. The same faculty is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use he seeks. The cancellation of the sale cannot however be declared if the lack of conformity is minor. ”
Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.
Article L. 217-12: “The action resulting from the lack of conformity lapses two years after delivery of the goods.”
Article L. 217-13: “the provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature which is recognized by law. ”
Article L. 217-14: “The recourse action may be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the Civil Code.
Article L. 217-15: “The commercial guarantee means any contractual commitment by a professional to the consumer for the reimbursement of the purchase price, replacement or repair of the goods or services any other service related to the property, in addition to its legal obligations to ensure the conformity of the property.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor.
In addition, it clearly and precisely mentions that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are fully reproduced in the contract.
In the event of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to take advantage of it. ”
Article L. 217-16: “When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run.
This period runs from the request for intervention of the buyer or the provision for
repair of the good in question, if this provision is made after the request for intervention. ”
Civil Code
Article 1641: “The seller is bound by the warranty for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use, that the buyer would not have acquired it , or would have given a lower price, if he had known them. ”
Article 1648: “The action resulting from latent defects must be brought by the purchaser, within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller can be discharged from apparent “defects or non-conformities”.
