Terms of Sale
GENERAL TERMS AND CONDITIONS OF SALE CONSUMER CUSTOMER
Article 1 - GENERAL PROVISIONS
These General Terms and Conditions of Sale ("GTC") determine the rights and obligations of the parties in the context of the online sale of products offered on the MagicSound website (hereinafter referred to as "the site") by the company MagicSoundFrance (hereinafter referred to as "the supplier").
Any Order placed on the site implies prior acceptance of these GCS including the additional terms, conditions and policies referred to here and/or accessible by hyperlink. These terms and conditions are subject to French law. These GCS are therefore an integral part of the agreement between the Customer and the Supplier. They are fully enforceable against the Customer, who declares having read them and having accepted them, without restriction or reservation, before placing his Order. If you do not accept all the terms and conditions of this agreement, then you must not access the website or use the services offered therein.
These Terms and Conditions apply to any Order placed by a natural person of full age acting as a private individual who acknowledges having the full capacity to enter into a commitment when placing an Order and to provide, where applicable, evidence of his or her identity and age.
Persons acting in a professional capacity in the context of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name or on behalf of another professional, are expressly excluded from the scope of application of these GCS.
All new features and tools that will be added to this site at a later date will also be subject to these GTC. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use or access to the Website after any changes are posted constitutes your acceptance of those changes.
This site is hosted by SHOPIFY Inc. 126 York St. Ottawa, Ontario, K1N 5T5, Canada.
Article 2 - ONLINE CONTRACTUALIZATION (Articles 1369-4 and 1125 to 1127 of the Civil Code)
The contract of sale between the buyer and the seller is concluded when the latter validates his order at the end of the selection process of the product(s) he has chosen.
To purchase one or more products on the site, the Customer selects each product and adds it to his basket. Once his selection is complete, he must confirm his basket in order to proceed to the Order (first click).
At this stage, the Customer is redirected to a page containing a summary of the selected products, the corresponding prices, the terms and conditions and the delivery costs. It is then up to the Customer to check and, if necessary, correct the contents of his basket. It is the Customer's responsibility to read these GTC carefully before validating the entire Order.
This validation of the Order after checking the basket and reading the GCS (second click) shall constitute the conclusion of the Contract and the Customer acknowledges that the second click entails an obligation of payment on his part.
The Customer is then redirected to the payment page. The Customer may choose between the various payment methods offered and proceeds to pay for the Order.
After validating the Order and making payment, the Customer receives a confirmation message from the supplier at the e-mail address he provided to create his account. This message contains, in PDF format
- The summary of his order (selected products, prices, terms and conditions and delivery costs);
- The precise identification of the supplier and its activity;
- The number of the Order;
- The modalities, the conditions and the form of retraction;
- The present General Terms and Conditions of Sale in PDF format.
In the event of non-receipt of the Order confirmation, the Customer is recommended to contact the supplier via the contact form on the site.
The Customer shall then receive a purchase invoice transmitted in electronic form, which the Customer expressly accepts.
The Customer is advised to keep this confirmation message and the purchase invoice that is also transmitted to it in electronic format, since these documents may be produced as proof of the Contract.
The Supplier reserves the right to refuse any Order for any legitimate reason, including for example :
- Order not conforming to the GTC ;
- Quantities ordered that do not correspond to normal use by a private individual;
- Suspicion of fraud on the Order.
Article 3 - INFORMATION ON CHARACTERISTICS AND AVAILABILITY OF PRODUCTS
The Customer is informed in French on the site of the essential characteristics of the goods and their price as well as the conditions of use of the product.
The Customer admits that the illustrations, videos or photos of the products presented for sale have no contractual value.
The period of validity of the price conditions of sale of the products and their availability is specified on the website.
The products are available within the limits of the suppliers' stocks. This availability of products is normally indicated on the specific page of the product.
In the event that a product becomes unavailable after the validation of the Order, the supplier shall immediately inform it by email. Its Order shall be automatically cancelled and the supplier shall proceed to reimburse the totality of the price paid.
However, if the Order contains other products than the one that has become unavailable, these shall be delivered to the Customer and the delivery costs shall not be reimbursed.
Article 4 - PRICE OF PRODUCTS
It is the one mentioned on the site at the time of the validation of the Order.
It may be modified at any time and without notice.
It does not include the cost of shipping, transport and delivery of the products to the delivery address.
VAT - CUSTOMS DUTIES AND ASSIMILATION :
The products ordered by the Customers being imported from third countries to the European Union and the sale being carried out under the conditions of "delivery departure", their price is indicated in Euros excluding VAT and customs duties.
The price of the products does not include import VAT, import taxes or customs duties, which must be paid in addition and are the responsibility of the Customer.
The Customer is solely liable for import VAT when the product is cleared through customs and may be asked to pay import VAT.
For all products shipped from a country outside the European Union, customs duties or other taxes or duties may be due and are payable by the Customer.
Indeed, at the time of purchase, the Customer is the importer of the product purchased in his capacity as the recipient of the product.
He is therefore in particular responsible for the processes of importing and clearing the product through local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for products with a customs value of more than €150).
The Customer is solely liable for customs duties when the product is cleared through customs as the actual recipient of the goods. These customs duties, which are not invoiced to the Client by the supplier, are not the responsibility of the supplier. The latter shall therefore not be liable for the reimbursement of these duties.
The Customer is invited to inquire about these aspects with the competent tax and customs authorities before placing an order.
Article 5 - METHODS OF PAYMENT
Payment of the Order shall be made in cash after validation of the Order.
Several methods of payment are proposed to the Customer:
Payment by bank cards attached to a banking establishment located in France or by international bank cards (Visa, MasterCard, American Express and Maestro). The Customer certifies that he is the holder of the necessary authorisations to pay with the bank card used. He expressly acknowledges that the communication of his bank card number constitutes irrevocable authorization to debit his account with the price of the products ordered. The amount shall be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the credit card information communicated benefits from the SSL encryption process.
Payment by vouchers and/or promotional codes: The vouchers and/or promotional codes issued by the supplier may be used to pay for all or part of the Order. In the event of attempted fraudulent use of the purchase vouchers and/or promotional codes, the supplier may proceed to the pure and simple cancellation of the Order.
In the event of refusal of payment by officially accredited organizations or in the event of non-payment of the Order, the Supplier reserves the right to cancel the said Order.
The supplier reserves the right to suspend at any time any of the methods of payment, in particular in the event that a payment service provider no longer offers its services.
The Supplier reserves the right to ensure that no one uses a third party's bank card illegally without its knowledge. To this end, it may ask the Customer for a copy of his/her identity document, proof of address and a copy of the bank card used for payment, while respecting data confidentiality. The order will be validated only after receipt and verification of the documents sent.
Article 6 - DELIVERY
Before validating the Order, the supplier shall provide the Customer with information concerning the various delivery methods as well as their respective costs and lead times.
The supplier shall make every effort to ensure that the product(s) is (are) delivered on the date scheduled for delivery. In the event of difficulty, the supplier undertakes to communicate quickly with the Customer to inform him/her of this and to seek an appropriate solution with him/her.
The delivery costs are borne by the Customer and are included in the price that is asked for when the Order is placed.
Delivery shall be made, at the Customer's choice, either to the address given by the Customer when placing the Order, or, where applicable, to a relay point chosen by the Customer from the list of points offered to him. The supplier shall not be held liable in the event of delay or non-delivery due to incomplete or erroneous information communicated by the Customer.
Upon receipt of the product, the Customer undertakes to check that it is complete and that it is not damaged.
In the event of any anomaly, the Customer must contact the supplier within three days (excluding public holidays) following the date of receipt of the product.
Article 7 - LEGAL GUARANTEES
The supplier shall be held liable for any lack of conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the Consumer Code as well as for hidden defects in accordance with Articles 1641 et seq. of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 et seq. of the Consumer Code), the Customer :
- benefits from a period of 2 years from the date of delivery to act ;
- can choose between repairing or replacing the product, subject to the cost conditions provided for by article L.217-9 of the Consumer Code ;
- is exempt from providing proof of the existence of the lack of conformity during the 24 months following delivery of the goods if the product is new, and during the 6 months following delivery if the product is sold second-hand.
The Customer may also decide to act within the framework of the legal guarantee against hidden defects as defined in Article 1641 of the Civil Code, the Customer may choose between cancellation of the sale or a reduction in the price, in accordance with Article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer Code :
"The seller delivers a good in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been placed at his expense by the contract or carried out under his responsibility. »
L.217-5 Consumer Code :
"The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where 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 the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter. »
L.217-9 Consumer Code :
"In case of lack of conformity, the buyer chooses between repair or replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer. »
L.217-12 Consumer Code :
"The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »
1641 of the Civil Code
"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 that use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. »
1648 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. […] »
Article 8 - RIGHT OF WITHDRAWAL (law n° 2014-344 of 17 March 2014 relating to consumption).
In accordance with article L 121-20 of the French Consumer Code, the Customer has the right to freely retract within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several products, the period runs from the date of receipt of the last product.
In the event of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining at the Customer's expense.
In order to exercise his right of withdrawal, the Customer must inform the supplier by sending an unambiguous statement expressing his intention to withdraw within the 14-day period mentioned above and indicating the name and references of the product, the date of the order and of receipt of the product, the order number, the number and address of the Customer and, in the event of a request sent in paper form, the Customer's signature.
The request must be sent to the supplier by post or e-mail to the addresses appearing in the "legal notices" and/or "contact" section of the site.
The Customer has a period of 14 days from the sending of the notice of withdrawal to return the product to the supplier in its original packaging, the return costs remaining the sole responsibility of the Customer.
The products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the supplier to put them back on sale. In the event of reception of open, used, incomplete, damaged or soiled products, the supplier will not proceed to any refund and may even, if it deems it necessary and adequate, engage the Customer's responsibility for depreciation of the product.
The supplier will reimburse the Customer within 14 days following the date on which he will have become aware of the exercise of the right of retraction. However, it may only reimburse the Customer upon receipt of the returned product if it was received later.
This refund shall be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment.
Article 9 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a product page, sales of products on the site do not entail any transfer of intellectual property on the products sold.
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 supplier or their initial owner. No transfer of intellectual property rights is made through these GCS.
Article 10 - FORCE MAJEURE
The supplier shall not be held liable for a breach of its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The supplier shall notify the customer of the occurrence of such an event as soon as possible.
Article 11 - EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary herein, the Supplier shall not be liable for any loss or damage due to improper use of the Product(s) by the Customer, including, without limitation, any modification or alteration of the Product(s) not authorized by the Supplier.
Article 12 - SUSPENSION - TERMINATION OF ACCOUNT
The supplier reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GCS, or in general the applicable legal provisions, without prejudice to any damages that the supplier may request.
Any person whose account has been suspended or closed may not order at a later date or create a new account on the Site, without the prior authorization of the supplier.
Article 13 - ARCHIVING - PROOF
In the absence of proof to the contrary, the information recorded by the supplier shall constitute proof of all transactions.
At the time of each Order, the Order summary is sent by email to the Customer and archived on the supplier's website.
The archiving of communications between the supplier and the Customer is carried out on computerized registers that are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Customer and the supplier. They may be produced as proof of the Contract.
The archiving of communications, order details, as well as invoices is eﬀectué on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information may be produced as proof of the contract.
The Customer will have access to the archived elements on simple request to the e-mail address appearing in the "legal notices" or "contact" section of the site.
Article 14 - NULLITY AND MODIFICATION OF THE GTCS
If any of the provisions of these GTC are invalid, they shall be deemed to be unwritten, but shall not invalidate all of the contractual provisions.
Any tolerance on the part of the supplier in the application of all or part of the commitments made within the framework of these GCS, regardless of the frequency and duration, shall not constitute a modification of the GCS, nor shall it generate any right whatsoever for the Customer.
Article 15 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These GTC are subject to French law.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with the Customer Service, the European Commission has set up a dispute resolution platform designed to collect any consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/main.