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DEFINITION OF PARTIES

Promomusique Company
34 rue de l'aiguillerie, Montpellier 34000
Contact: contact@promo-musique.com and by WhatsApp message +33 745391245 (only by message)

PREAMBLE

The Seller is the publisher of products and services marketed through its website (https://promo-musique.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site as well as its sales pages.

ARTICLE 1 - PURPOSE

These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products and Services offered by the Seller.

ARTICLE 2 - GENERAL PROVISIONS

These General Terms and Conditions of Sale (GTC) apply to all sales of Products or Services made through the Company's website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in effect on the date of payment (or the first payment in the event of multiple payments) of the order. These GTC can be viewed on the Company's website at the following address: https://promo-musique.com/legal . The Company also ensures that their acceptance is clear and unconditional at the time of purchase. The Customer declares that they have read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accept them without restriction or reservation. The Customer acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Client declares that he is able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

ARTICLE 3 - PRICE

The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for accessing the Company's websites are the responsibility of the Customer. Also, where applicable, delivery costs.

ARTICLE 4 - CONCLUSION OF THE ONLINE CONTRACT

The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to complete their order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, where applicable its options and indication of the Customer's essential data (identification, address, etc.); – Acceptance of these General Terms and Conditions of Sale. – Verification of the elements of the order and, where applicable, correction of errors. – Follow the instructions for payment, and payment of the products. – Delivery of the products. The Customer will then receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. They will receive a .pdf copy of these general terms and conditions of sale. For products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide their true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

ARTICLE 5 - PRODUCTS AND SERVICES

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer confirms having received a breakdown of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limits of available stocks only. Failing this, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, it is the subject of a summary and confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of the Products as well as their prices is specified on the product sales pages, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless special conditions apply, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided). In accordance with the legal provisions regarding conformity and hidden defects, the Seller refunds or exchanges defective products or those that do not correspond to the order. Reimbursement can be requested by contacting the Seller by email or simple letter.

ARTICLE 6 - RETENTION OF TITLE CLAUSE

The products remain the property of the Company until full payment of the price.

ARTICLE 7 - DELIVERY TERMS

The products are delivered to the delivery address that was indicated when ordering and the time indicated. This time does not take into account the order preparation time. When the Customer orders several products at the same time, these may have different delivery times and are delivered using different methods. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to ensure the order is followed up. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him.

ARTICLE 8 - AVAILABILITY AND PRESENTATION

Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.

ARTICLE 9 - PAYMENT

Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by credit card or bank check. Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately resolved by operation of law and the order canceled.

ARTICLE 10 - WITHDRAWAL PERIOD

In accordance with Article L. 121-20 of the French Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs". "The period mentioned in the preceding paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services". The right of withdrawal can be exercised by contacting the Company by email or telephone. In the event of exercising the right of withdrawal within the aforementioned period, only an exchange of the product(s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new; they must, if possible, be accompanied by a copy of the proof of purchase.

ARTICLE 11 - GUARANTEES

The Seller will exchange products that are apparently defective or do not correspond to the order placed. Once the promotion has started, the service cannot be refunded. The request must be made by contacting the Seller by email or by simple letter. He can choose between the replacement and the repair of the good subject to the conditions provided for in the aforementioned provisions. apparently defective or not corresponding – that he is exempt from providing proof of the existence of the lack of conformity of the good during the six months following delivery of the good. – that, except for second-hand goods, this period will be extended to 48 hours – that the consumer can also assert the guarantee of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction in the sale price (provisions of articles 1644 of the Civil Code).

ARTICLE 12 - COMPLAINTS

If necessary, the Buyer may submit any complaint by contacting the company by email or by simple letter.

ARTICLE 13 - INTELLECTUAL PROPERTY RIGHTS

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

ARTICLE 14 - FORCE MAJEURE

The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.

ARTICLE 15 - NULLITY AND MODIFICATION OF THE CONTRACT

If one of the provisions of this contract were to be cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.

ARTICLE 16 - GDPR AND PROTECTION OF PERSONAL DATA

In accordance with the European regulation on the protection of personal data, you have the right to query, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you consent to our collection and use of this data for the execution of this contract.

ARTICLE 17 - APPLICABLE LAW

All clauses appearing in these general conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to French law.