Legal Notice

Terms of Sales

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DEFINITION OF PARTIES

The Promomusique company
34 rue de l’Aiguilrie, Montpellier 34000
Contact: contact@promo-musique.com and by WhatsApp message +33 745391245 (by message only)

PREAMBLE

The Seller is a 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: OBJECT

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 Conditions of Sale (CGV) 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 at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These General Terms and Conditions can be consulted on the Company's website at the following address: https://promo-musique.com/legal. The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs. The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

ARTICLE 3 - PRICE

The prices of 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, all taxes included (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 rights and sums do not fall within 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. Telecommunications costs necessary for access to the Company's websites are the responsibility of the Customer. If applicable also, 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 Conditions of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of payment instructions, and payment of products. – Delivery of products. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of successfully completing the order, the Customer undertakes to provide true identification information. 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 certifies having received details 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, they are subject to 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 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 otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided). In accordance with legal provisions regarding conformity and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested by contacting the Seller by email or simple letter.

ARTICLE 6 - RESERVATION OF OWNERSHIP 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 which was indicated when ordering and the time indicated. This deadline does not take into account the order preparation time. When the Customer orders several products at the same time, they may have different delivery times delivered according to different methods. The Seller provides a telephone contact point (cost of local communication from a landline) indicated in the order confirmation email in order to monitor the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is 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 make payment by payment card or bank check. Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once payment is 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 providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the price indicated. The Customer confirms that he is 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 the impossibility of debiting the card, the Sale is immediately automatically terminated and the order cancelled.

ARTICLE 10 - WITHDRAWAL PERIOD

In accordance with article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs. “The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the Company by email or telephone. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; If possible, they must be accompanied by a copy of proof of purchase.

ARTICLE 11 - GUARANTEES

In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects in the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made by contacting the Veneur by email or by simple letter. The Seller reminds that the consumer: – has a period of 2 years from delivery of the goods to act with the Seller – that he can choose between replacement and repair of the goods subject to the conditions provided for by the provisions mentioned above. apparently defective or not corresponding – that he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. – that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer can also claim the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between canceling the sale or reducing the sale price (provisions of articles 1644 of the Civil Code).

ARTICLE 12 - COMPLAINTS

If applicable, 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 General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

ARTICLE 14 - FORCE MAJEURE

The execution of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The seller will 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 stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.

ARTICLE 16 - GDPR AND PERSONAL DATA PROTECTION

In accordance with the European regulation on the protection of personal data, you have the rights to question, access, modify, oppose and rectify the personal data concerning you. 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 operations referred to therein, will be subject to French law.