TERMS AND CONDITIONS
Between VAUDOO AUDIO Company,
1480 Avenue of Armenia, Puits Morandat, 13120 Gardanne, registered in the Trade and Companies Register of Aix en Provence,
under SIRET number 123456789, represented by M. Hubert BUYSSENS as manager, duly authorised for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the homepage of the site.
Hereinafter the “Seller” or the “Company”.
On the one hand,
And the natural or legal person making the purchase of the company’s products or services, hereinafter referred to as “the Buyer”, or “the Customer”
On the other hand,
It was discussed and agreed as follows:
The Seller is publisher of Consumer Music Products and Services, marketed through its websites (https://vaudoo-audio.com ). The list and description of the goods and services offered by the Company may be consulted on the above-mentioned site.
Article 1: Object
These Terms and Conditions of Sale determine the rights and obligations of the parties in the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Terms and Conditions (GTCS) govern sales of Products or Services, made through the Company’s websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing the order.
The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The GTCS applicable at this time are those in force on the date of payment (or first payment in case of multiple payments) of the order. These GTCs can be found on the Company’s website at www.vaudoo-audio.com/cgv .
The Corporation also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and if applicable the Special Terms and Conditions of Sale related 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 adequacy of the offer to his needs.
The Client declares to be able to enter into a legal agreement under French law or to represent the natural or legal person for whom it is committed.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Item 3: Award
The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the pages of descriptions of the Products. They are also shown in euros including all taxes (VAT + any other taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated without taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in some cases. These rights and sums are not the responsibility of the Seller. They will be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time for the future. The telecommunications costs necessary to access the Company’s Internet sites are borne by the Customer. If applicable, shipping costs.
Article 4: Conclusion of the online contract
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to carry out his order: Information on the essential characteristics of the Product; Choice of the Product, if applicable, of its options – Indication of the essential contact details of the Customer (identification, email, address…); Acceptance of these General Terms and Conditions of Sale; Verification of the elements of the order (formality of double click) and, if necessary, correction of errors. Before proceeding with its confirmation, the Buyer has the opportunity to check the details of his order, his price, and to correct any errors, or cancel his order. The confirmation of the order will give rise to this contract. Then, follow the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.sus of order of the possibility to identify any errors made in the data entry and to correct them. The language proposed for the conclusion of the contract is French.
The terms of the offer and the general conditions of sale are returned by email to the buyer at the time of the order and archived on the Seller’s website. If applicable, the professional and commercial rules to which the author of the offer intends to submit can be consulted in the « rules appendix » section of these GTCS, available on the Seller’s website at the following address: www.vaudoo-audio.fr/cgv
The archiving of communications, orders, order details and invoices shall be carried out on a reliable and durable medium in such a way as to constitute a faithful and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as proof of contract.
For the delivered products, delivery will be made to the address indicated by the Customer. For the purposes of the proper execution of the order, the Customer undertakes to provide its truthful identification elements. 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 : Produits et services
The essential characteristics of the goods, services and their respective prices shall be made available to the buyer on the websites of the company, as shall, where appropriate, the mode of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer shall be informed, by means of marking, labelling, display or any other appropriate method, the prices and special conditions of the sale and performance of the services before any conclusion of the contract of sale. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, which does not include the shipping costs invoiced in supplement. Any such fees are indicated to the Buyer during the sale process, and in any case at the time of confirmation of the order. The Seller reserves the right to change its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not executed immediately, clear information is given on the product presentation page regarding the delivery dates of the products or services. The customer certifies that he has received details of the costs of delivery as well as the terms of payment, delivery and performance of the contract, as well as detailed information relating to the seller’s identity, postal, telephone and electronic contact details, and its activities in the context of this sale. The Seller undertakes to honour the Customer’s order within the limits of stocks of Products available only. Failing this, the Seller shall inform the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller shall refund the customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices are specified on the Company’s websites, as well as the minimum duration of the contracts offered when they concern a continuous or periodic supply of products or services. Except in special circumstances, the rights granted hereunder are solely to the natural person signing the order (or the person holding the email address communicated).
Article 6 : Conformité
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these General Terms and Conditions meet the current requirements relating to the safety and health of persons, the loyalty of commercial transactions and the protection of consumers. Regardless of any commercial warranty, the Seller remains liable for defects of conformity and hidden defects of the product.
In accordance with article L.217-4, the seller delivers a good that complies with the contract and is liable for defects of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions on conformity and hidden defects (art. 1641 c. civ.), the Seller shall refund or exchange defective or non-compliant products. The refund can be requested as follows: Contact us from the www.vaudoo-audio.com/contact
page the product must be returned to us in its original packaging in the condition in which it was sent. In case of established malfunction we will refund the product and the shipping costs of it within 15 working days to your bank account.
Article 7: Retention of Title
The products remain the property of the Company until full payment of the price.
Article 8: Delivery Terms
The products are delivered to the delivery address that was indicated at the time of the order and within the indicated deadlines. These periods do not take into account the time required to prepare the order. When the Customer orders several products at the same time, they may have different delivery times sent according to the following methods: Orders for more than one product may be longer than described as the Company will ship the products in one trip. In case of delay of shipment you will be notified by email and the Company will ensure to keep you informed of all the steps of delivery. In the event of a delay in delivery, the Customer has the option to terminate the contract under the terms and conditions defined in Article L 138-2 of the French Consumer Code. The Seller shall then proceed with the reimbursement of the product and the “one-way” expenses under the conditions of Article L 138-3 of the French Consumer Code. The Seller makes available a telephone contact point (cost of a local communication from a fixed post) indicated in the order confirmation email to ensure the follow-up of the order. The Seller recalls that when the Customer physically takes possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations regarding the delivered product.
Article 9: Availability and Presentation
In case of unavailability of an item for a period of more than 20 working days, you will be immediately notified of the expected delivery times and the order of this item may be cancelled upon request. The Customer may then request a credit note for the amount of the item or its full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon order, including for pre-order products. Payment can be made by payment card or through www.paypal.com. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is properly encrypted and cannot be read during transport on the network. Once the payment is launched by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing its banking information at the time of the sale, the Customer authorises the Seller to debit its card 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 make use of it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order cancelled.
Article 11: Withdrawal period
In accordance with the provisions of Article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw without giving a reason, within fourteen (14) days from the date of receipt of his order.
The right of withdrawal may be exercised by contacting the Company as follows: contact the after-sales service via the www.vaudoo-audio.fr/contact
. In case of exercise of the right of withdrawal within the aforementioned period, the price of the product or products purchased and the shipping costs will be refunded, the costs of return remaining at the expense of the Customer. Products must be returned in their original and complete condition (packaging, accessories, instructions, etc.); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the withdrawal form to be sent to the following address: Vaudoo Audio, 1480 Avenue d’Armenia, Puits Morandat, 13120 Gardanne. Refund procedure: Once the withdrawal procedure has been accepted, and the product sold is in the possession of the Company, you will be refunded to your bank account the precise amount that the Company will have received from you.
Article 12: Warranties
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to the hidden defects of the products. The Seller shall refund the Buyer or exchange the products which appear to be defective or which do not correspond to the order made. To request a refund, please visit our contact page www.vaudoo-audio.fr/contact
and send an e-mail with the subject of your request. The Seller recalls that the consumer has a period of 2 years from the delivery of the good to act with the Seller; that he can choose between the replacement and the repair of the good subject to the conditions provided by the aforementioned provisions. appears to be defective or does not correspond to, and is exempted from proving the existence of the defect of conformity of the property during the six months following the delivery of the property. & that, except second-hand goods, this period shall be extended to 24 months from 18 March 2016 & that the consumer may also claim the guarantee against the hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, it can choose between the resolution of the sale or a reduction of the sale price (provisions of Articles 1644 of the Civil Code). Additional guarantees: we provide an additional guarantee of 5 years from the date of purchase in case of malfunction of the product or products purchased from the Company. We guarantee that our products will not damage your instruments. We will replace a defective product with a new product in case of proven malfunction.
Article 13: Claims and Mediation
If applicable, the Buyer may make any claim by contacting the company using the following contact details firstname.lastname@example.org.
In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions laid down in Title I of Book VI of the French Consumer Code.
In case of failure of the complaint request to the Seller’s customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently try to bring the parties together in order to obtain an amicable solution.
Article 14: contract termination
The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases: – delivery of a product not complying with the specifications of the order; – delivery exceeding the deadline fixed at the time of the order or, in the absence of a date, within 30 days of payment; — an unjustified increase in the price or modification of the product. In such cases, the buyer may require repayment of the advance payment plus the interest calculated at the statutory rate from the date of receipt of the advance payment.
Article 15: Intellectual Property Rights
Trademarks, 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 carried out through these GTCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The performance of the Seller’s obligations hereunder shall be suspended in the event of the occurrence of an accidental event or force majeure that would prevent its performance. The Seller will notify the Customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
If one of the stipulations of this contract is cancelled, this nullity would not lead to the nullity of the other stipulations which will remain in force between the parties. Any contractual changes are only valid after a written agreement has been signed by the parties.
Article 18: Protection of personal data
on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller shall process personal data for the purpose of selling and delivering products and services defined in this contract. The Buyer is informed of the following:
– the identity and contact details of the controller and, where applicable, of the representative of the controller: the Seller, as indicated at the top of these Terms and Conditions; – the contact details of the data protection officer: Hubert Buyssens – email@example.com – the legal basis of the processing: contractual performance – the recipients or categories of recipients of personal data, if they exist: the controller, its services in charge of marketing, the services in charge of IT security, the service in charge of sales, delivery and ordering, subcontractors involved in delivery and sales operations as well as any legally authorised authority to access the personal data in question – no transfer outside the EU is foreseen – the duration of data retention: the time of the commercial prescription – the data subject has the right to request from the controller access to, rectification or erasure of personal data, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability – The data subject has the right to lodge a complaint with a supervisory authority – the information requested at the time of the order is necessary for the preparation of the invoice (legal obligation) and the delivery of the ordered goods, otherwise the order cannot be placed. No automated decision or profiling is implemented through the ordering process.
Article 18: Applicable law and clauses
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale operations referred to therein, shall be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
Article 19: Consumer information
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish so much this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.
Article 1648 of the Civil Code: The action resulting from the repulsive defects must be brought by the purchaser within two years from 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 following the date on which the seller may be discharged of apparent defects or defects of conformity.
Our General Terms and Conditions of Sale have been developed using a free and free template that can be downloaded from www.ersonaldata.fr
Article L. 217-4 of the French Consumer Code: The seller delivers a good that complies with the contract and is liable for defects of conformity existing at the time of delivery.
It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the French Consumer Code: The property complies with the contract:
1) If it is suitable for the customary use of a similar property and, if applicable:
– it corresponds to the description given by the seller and has the qualities which he has presented to the buyer in the form of a sample or model;
– if it presents the qualities which a buyer may 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 knowledge of the seller and accepted by the latter.
Article L. 217-12 of the French Consumer Code: The action resulting from the lack of conformity is prescribed after two years from the issue of the property.
Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable property, for a restoration covered by the guarantee, any fixed period of at least seven days is in addition to the remaining term of the warranty. This period shall run from the date on which the buyer applies for assistance or the date on which the property in question is made available for repair, if this is after the date on which the request for assistance was made available.