General terms and conditions of sale of online products to individual consumers
Preamble
These general terms and conditions of sale apply to all sales concluded on the Armonics website.
The website http://www.armonics.fr is a service of:
– The company SASU MLGN
– located 41 rue Pasteur 33200 Bordeaux, FRANCE
– URL address of the site: http://www.armonics.fr
– e-mail: contact@armonics.fr
– telephone number: 0647589359
The Armonics website sells the following products: Maintenance, renovation and protection products for musical instruments.
The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. The validation of the order therefore implies acceptance of the general terms and conditions of sale.
Article 1 – Principles
These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the Armonics 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 terms and conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale is not met, it will be considered to be governed by the practices in force in the distance selling sector where the companies have their headquarters in France.
These general terms and conditions of sale are valid until 31 December 2019.
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 Armonics website.
These conditions only apply to purchases made on the Armonics site and delivered exclusively in mainland France or Corsica. For any delivery in the DOM-TOM or abroad, please send a message to the following e-mail address: contact@armonics.fr.
These purchases concern the following products: Maintenance, renovation and protection products for musical instruments.
Article 3 – Pre-contractual information
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general terms and conditions of sale and of all the information listed in Article L. 221-5 of the Consumer Code.
The following information shall be provided to the buyer in a clear and understandable manner:
– the essential characteristics of the property;
– the price of the property and/or the method of calculating the price;
– if applicable, any additional transport, delivery or postage costs and any other charges payable;
– in the absence of immediate performance of the contract, the date or period by which the seller undertakes to deliver the goods, regardless of their price;
– information relating to the identity of the seller, his postal, telephone and electronic contact details, his activities, those relating to legal guarantees, the functionalities of digital content and, where applicable, his interoperability, the existence and implementation of guarantees and other contractual conditions.
Article 4 – The order
The buyer has the possibility to place his order online, from the online catalogue and using the form provided, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept, by clicking on the indicated place, the present 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 the confirmation of the seller’s acceptance of the order has been sent to the buyer by e-mail;
– and after the seller has received the full price.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.
In some cases, such as non-payment, incorrect address or other problems 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 can call the following telephone number: 0647589359 (cost of a local call), on the following days and times: Monday to Friday, from 9am to 7pm, or send an email to the seller at the following email address: contact@armonics.fr.
Article 5 – Electronic signature
The online provision of the buyer’s credit card number and the final validation of the order will be considered proof of the buyer’s agreement:
– the sums due under the purchase order are due;
– signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number: 0647589359.
Article 6 – Order confirmation
The seller provides the buyer with an order confirmation by e-mail.
Article 7 – Proof of the transaction
The computerized records, kept in the seller’s computer systems under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 – Product information
The products governed by these general conditions are those that appear on the seller’s website and are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with respect to this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 9 – Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not take into account delivery costs, invoiced in addition, and indicated before the validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.
If one or more taxes or contributions, in particular environmental taxes or contributions, are created or modified, either upward or downward, 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 the placing of the order implies payment by the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order processing and delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is being administered.
Payment of the price is made in full on the day of the order, according to the following terms and conditions:
– credit card
Article 11 – Product availability – Refund – Resolution
Except in cases of force majeure or during the closing periods of the online shop which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the delivery time is 48 working hours from the day following the day on which the buyer placed his order, according to the following procedures: Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries in the French overseas departments and territories 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 period, the buyer must, before terminating the contract, instruct the seller to perform it within a reasonable additional period.
If the contract is not fulfilled 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 acknowledgement of receipt or in writing on another durable medium.
The contract shall be considered terminated upon receipt by the seller of the letter or writing informing him of such termination, unless the trader has since performed.
The buyer may, however, immediately terminate the contract if the dates or periods referred to above are an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility 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 and conditions
Delivery refers to the transfer to the consumer of physical possession or control of the property. The products ordered are delivered according to the terms and conditions and within the deadline 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 reshipped 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 deliverer will leave a delivery note in the mailbox, which will allow the package to be collected at the specified place and time.
If at the time of delivery, the original packaging is damaged, torn, opened, 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 reserve on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products…).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations by registered letter to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple letter to the seller at the address indicated in the legal notices on the site.
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 deadline will not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions…).
Article 13 – Errors of delivery
The buyer must make any claim to the seller on the same day of delivery or at the latest on the first working day following delivery for any error in delivery and/or non-conformity of the products in kind or in quality with the indications appearing on the order form. Any claim made after this deadline will be rejected.
The complaint may be made, at the buyer’s choice:
– by telephone at the following number: 0647589359 ;
– by e-mail to the following address: contact@armonics.fr.
Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards 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 exchange number has been assigned.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Registered Colissimo, to the following address: 41 rue Pasteur, 33200 BORDEAUX.
The return costs are the responsibility of the seller.
Article 14 – Product warranty
14-1 Legal guarantee of compliance
The seller is the guarantor of the conformity of the property sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
– the buyer has a period of 2 years from the delivery of the property to act;
– the buyer may 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 following delivery of the goods in the case of new goods (6 months in the case of second-hand goods).
14-2 Legal guarantee for hidden defects
In accordance with articles 1641 et seq. of the Civil Code, the seller is liable for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the goods and are likely to render the goods unfit for the use for which they are intended. This warranty must be implemented within two years of the discovery of the defect.
The buyer may choose between cancelling the sale or reducing the price in accordance with Article 1644 of the Civil Code.
Commercial warranty
The products sold are also covered by a commercial warranty to ensure their conformity and to ensure the reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or improper use or by a cause unrelated to the intrinsic qualities of the products.
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 an exchange or refund without penalty, except for the return costs, which remain the responsibility of the buyer.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, dirty 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 acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the willingness to retract.
In case of exercise of the right of withdrawal within the above-mentioned period, the price of the purchased product(s) shall be refunded and the delivery costs shall be refunded.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 10 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 may not be exercised for contracts:
– the supply of goods whose price depends on fluctuations on the financial market beyond the control of the trader and likely to occur during the withdrawal period;
– the supply of goods made to consumer specifications or clearly personalised;
– the supply of goods that are likely to deteriorate or expire quickly;
– the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– the supply of goods which, after having been delivered and by their nature, are inextricably mixed with other items;
– for the supply of alcoholic beverages whose delivery is deferred beyond 30 days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the trader;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limits 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;
– the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
– the provision of digital content not provided on a material medium, the execution of which has begun after prior express consent 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 performance under normal conditions of their obligations shall be considered as grounds for exemption from the parties’ obligations and shall entail their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure shall be considered to be any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. Expressly, are considered as force majeure or fortuitous events, 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, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will approach each other to examine the impact of the event and agree on the conditions under which the contract will continue to be performed. If the case of force majeure lasts for 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 owner of the intellectual property rights to this content.
The buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Article 18 – Information Technology and Liberties
The personal data provided by the buyer are necessary for the processing of his order and the preparation of invoices.
They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Armonics website has been declared to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition to the information concerning him. This right can be exercised under the conditions and according to the modalities defined on the Armonics website.
Article 19 – Partial non-validation
If one or more provisions of these general terms and conditions are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 20 – Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted in the future as a waiver of the obligation in question.
Article 21 – Title
In the event of any difficulty of interpretation between any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 – Language of the contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.
Article 23 – Mediation
The buyer may use conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or any alternative dispute resolution method (e.g. conciliation) 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 up to €10,000 or the district court for disputes over €10,000.
This is the case for both substantive and formal rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution.
Article 25 – Protection of personal data
Data collected
The personal data collected on this site are as follows:
– account opening: when creating the user’s account, his name; first name; e-mail address; telephone number; postal address;
– connection: when the user connects to the website, he/she records, in particular, his/her surname, first name, connection data, use, location and payment data;
– profile: the use of the services provided on the website makes it possible to enter a profile, which may include an address and a telephone number;
– payment: as part of the payment of products and services offered on the website, it records financial data relating to the user’s bank account or credit card;
– communication: when the website is used to communicate with other members, data concerning the user’s communications are temporarily stored;
– cookies: cookies are used when using the site. The user has the possibility to disable cookies from his browser settings.
Use of personal data
The purpose of the personal data collected from users is to make the website services available, 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, identification and authentication of data transmitted by the user;
– proposal to the user of the possibility to communicate with other users of the website;
– implementation of user assistance;
– customization of services by displaying ads based on the user’s browsing history, according to their preferences;
– fraud prevention and detection, malware (malicious software) and security incident management;
– management of possible disputes with users;
– sending commercial and advertising information, according to the user’s preferences.
Sharing personal data with third parties
Personal data may be shared with third parties 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 concluded contracts;
– when the user publishes publicly accessible information in the free comment areas of the website;
– when the user authorizes the website of a third party to access his data;
– when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the website may transmit data to pursue claims against the website and comply with administrative and judicial procedures;
– if the website is involved in a merger, acquisition, disposal of assets or receivership proceedings, it may sell or share all or part of its assets, including personal data. In this case, users would be informed before the personal data are transferred to a third party.
Security and confidentiality
The website implements organisational, technical, software and physical measures in terms of digital security to protect personal data against unauthorised alteration, destruction and 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 accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact@armonics.fr.
– the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy.
– the right of rectification: if the personal data held by the website are inaccurate, they may request that the information be updated.
– 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 may ask the website to limit the processing of personal data in accordance with the assumptions set out in the DGPS.
– the right to object to the processing of data: users may object to the processing of their data in accordance with the assumptions laid down in the DGPS.
– the right to portability: they can request that the website provide them with the personal data provided to them in order to transmit them to a new website.
Evolution of this clause
The website reserves the right to make any changes to this privacy policy at any time. If a change 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 e-mail, 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/she has the possibility to delete his/her account.
Appendix :
Withdrawal form
(to be completed by the consumer,
and to be sent by registered letter with acknowledgement of receipt,
within a maximum period of 14 days following the date of conclusion of the service contract)
Withdrawal form
To the attention of:
SASU MLGN
located at : 41 rue Pasteur, 33200 Bordeaux
telephone number: 0647589359
email address: contact@armonics.fr
I hereby notify you of my withdrawal from the contract for……………………………………………….. ordered on:……..
First and last name of the consumer:………………………
Consumer address: ………………………….
Date: ………………………..
Signature of the consumer
Appendix :
Consumer Code
Article L. 217-4: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.”
Article L. 217-5: “The property is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar property and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller has 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, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which 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 legitimately unable to know them”.
Article L. 217-7: “Lack of conformity which appears within 24 months of delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise; for goods sold second-hand, this period shall be six months; the seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed.”
Article L. 217-8: “The buyer is entitled to demand that the goods comply with the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted it. The same shall apply where the defect has its origin in the materials he himself supplied.”
Article L. 217-9: “In the event of lack of conformity, the buyer shall choose between repair or replacement of the goods, but the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.”
Article L. 217-10: “If it is impossible to repair and replace the goods, the buyer may return the goods and have the price returned to him or keep the goods and have part of the price returned. The same option is available to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the property and the use it seeks. However, the sale may not be rescinded 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 without any cost to the buyer. These same provisions do not prevent the award of damages.
Article L. 217-12: “The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods.”
Article L. 217-13: “The provisions of this section do not deprive the buyer of the right to bring an action resulting from fundamental defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature recognised by law.”
Article L. 217-14: “The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.
Article L. 217-15: “Commercial guarantee means any contractual commitment by a trader to the consumer for the purpose of refunding the purchase price, replacing or repairing the goods or providing any other service in relation to the goods, in addition to his legal obligations to ensure the conformity of the goods.
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 scope and the name and address of the guarantor.
In addition, it clearly and precisely mentions that, independently 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 of 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 use it.”
Article L. 217-16 : “Where the buyer requests the seller, during the course of the commercial guarantee granted to him when acquiring or repairing movable property, to repair it covered by the guarantee, any immobilisation period of at least seven days shall be added to the duration of the guarantee which remained to run.
This period shall run from the date of the buyer’s request for intervention or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.”
Civil Code
Article 1641: “The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish such use, that the buyer would not have acquired it, or would have given only a lower price, if he had known them.”
Article 1648: “The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of apparent defects or lack of conformity”.
