370 rue de la Marquise
43 200 St Maurice de Lignon
Tél. : +33 6 61 94 74 75
Mail : email@example.com
SIRET : 819 367 384 00016
APE : 3220Z
TVA CEE : FR41 819 367 384
RCS Le Puy-en-Velay
Terms and Conditions
Version 1, june 15, 2018
1. Object. These Terms and Conditions (T&C) detail the rights and obligations of the company LIGREED (the Seller) and its individual Customer (the Consumer) in connection with the sale of accessories for LIGREED brand musical instruments via the e-commerce website LIGREED.COM or directly from LIGREED.
The purchase of LIGREED product by a Consumer from a reseller is governed by the laws in force, the contractual conditions of the reseller and the Terms and Conditions applicable to Professionals as part of the resale of LIGREED products. The purchase of LIGREED product for resale is governed by the Terms and Conditions applicable to Professionals as part of the resale of LIGREED products.
The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on the LIGREED.COM website. The applicable Terms and Conditions are those in force on the date of the payment of the order.
A special negotiation may lead LIGREED to grant special conditions to the Consumer. These are necessarily written.
A legal entity or a non-reselling Professional who places an order on the LIGREED.COM site or directly with LIGREED cannot invoke the stipulations of the present Terms and Conditions when they result from the rules enacted in favor of the Consumers natural persons under the French law or the law of the European Union.
2. Adherence to the Terms and Conditions. The present Terms and Conditions are available to any Consumer, in particular via the site LIGREED.COM. They are displayed and validated by the Consumer as part of the ordering process on the LIGREED.COM website. They prevail over any other conditions, except the public policy rules resulting from French law and European Union law.
The Consumer expressly acknowledges having received these Terms and Conditions in a clear and understandable way and having subscribed to them without any reservation before the validation of the order by him. In addition, he expressly acknowledges that he has been fully and completely informed by LIGREED, in particular on:
– the essential specifications of the products,
– the price of products and additional charges (delivery, for example),
– the adequacy of the offer to its needs,
– in the absence of immediate execution of the contract, the date or the deadline at which the Seller undertakes to deliver the product,
– the information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities,
– the information relating to the legal and contractual guarantees and their methods of implementation,
– the fact that LIGREED does not guarantee that the clip ligatures adapt to any particular type of mouthpiece, instrument or reed,
– the possibility of resorting to a conventional mediation in case of litigation.
The Consumer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes.
3. Conclusion of the contract. During the ordering process, the Consumer verifies the accuracy of the mentions of the types of products ordered, the quantities, his identity, his address and delivery address, his contact information, as well as any mention requested or provided. He corrects them if necessary. On LIGREED.COM website, the Consumer is informed of delivery charges for the delivery address mentioned, the amount of VAT for the European Union and the accepted means of payment.
On LIGREED.COM website, the contract is concluded when the payment service operator of the Consumer (for example, the issuer of the credit card) authorizes the payment. In case of direct order with LIGREED, the contract is concluded when the order form of the Consumer is received by the Seller. In both cases, the Seller reserves the right to refuse an order that is abnormal or made in bad faith or for any legitimate reason.
The Consumer receives by email an acknowledgment of receipt of the order and a confirmation of the payment order.
4. Withdrawal. The Consumer who has purchased via LIGREED.COM website or directly from LIGREED by another mean of distance communication method has a period of withdrawal. This right must be exercised within fourteen days of receipt of the goods by him or a third party designated by him, other than a carrier. To this end, he must send to the Seller the standard withdrawal form incorporated into these Terms and Conditions or a clear written declaration expressing his will to withdraw. This mailing is subject to the formalities of paragraph 26 “Claims”.
The Consumer must return the products to the Seller at the latest fourteen days after sending the decision to withdraw. It bears the direct costs of returning the products. It may be held liable for the depreciation of goods resulting from manipulations other than those necessary to verify the characteristics and proper functioning of the products. Returns of products shall be done in their original condition and complete (packaging, accessories, instructions …) so that they can be remarketed in like-new condition. If possible, they must be accompanied by a copy of the proof of purchase.
LIGREED reimburses the Consumer for all amounts paid for the purchase price and delivery costs within fourteen days of receipt of the withdrawal request and necessarily after recovery of the goods.
A professional may benefit from the withdrawal period, since it is a distance selling, he employs less than five employees and he does not conclude in the context of its main activity.
5. Product. LIGREED sells accessories for musical instruments for musicians. The list and the description of the products offered and their prices can be consulted on the LIGREED.COM website.
In the interest of continuous improvement, LIGREED reserves the right to modify at any time certain characteristics of the products or parts that compose them, or the production process.
6. Price. The prices of products are those in effect on the day of ordering. They are denominated in euro and calculated excluding taxes and transport costs.
For orders to the European Union, VAT is mentioned on the order page and added to the price. For orders that are not destined for the European Union, customs duties or other local taxes, or import duties or state taxes may be payable in some cases. These duties and sums are due by the Consumer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the Consumer to find out about these aspects from the local authorities.
The transport costs are invoiced on the basis of a fixed price that depends on the place of destination.
LIGREED reserves the right to modify its price list and transport costs at any time. However, it is obliged to invoice the products ordered and transport costs at the prices in effect at the order date.
7. Terms of payment. Payment means the permanent possession by LIGREED of the sums due by the Consumer. The total payment of the order must be made cash on order, before shipping the goods.
The delivery of any document recognizing an obligation to pay does not constitute an effective payment. In some cases, payment guarantees may be required. No discount will be granted in case of advance payment.
The methods of payment accepted on LIGREED.COM website are specified during the ordering process. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).
Secure online payment by credit card is made using the e-Transactions solution by CREDIT AGRICOLE. The transmitted bank details are encrypted via an SSL certificate and are not accessible to LIGREED. The transaction is immediately debited after verification of the payment information. By communicating his bank information when ordering, the Consumer authorizes the Seller to debit the means of payment of the price indicated. By the validation of the payment, the Consumer confirms that he is indeed the legal holder of the means of payment to debit and that he is legally entitled to use it. In case of error or impossibility to debit the means of payment, the order is canceled.
8. Late payment. If, for any reason, a total or partial non-payment persists for twenty days after a due date, including if it is relating to a previous order, the Consumer must, after a formal notice sent by LIGREED, pay to the company LIGREED once and a half times the rate of the French legal interest.
Any default of payment remaining twenty days after a due date, the full amount due by the Consumer, will be immediately payable, without prejudice to any other legal action that LIGREED would be entitled to take.
9. Retention of title clause. Ownership of products is normally transferred on the date of delivery by the Seller, defined in paragraph 11 “Delivery”. If, for any reason, the price and its accessories are not paid in full on that date, LIGREED will retain ownership of the products sold until full payment of the price, in principal and accessories and will be able to claim restitution.
10. Availability. Orders will be processed within the limits of available stocks and subject to stocks available from LIGREED suppliers. In case of unavailability of an item for a period longer than thirty days, the consumer will be notified of the foreseeable delivery date and the order of this article may be canceled through a simple request.
11. Delivery. The delivery by LIGREED is carried out by the transfer to the Consumer of the physical possession of the good. Delivery is made by a carrier chosen by LIGREED, at the address mentioned by the Consumer when ordering.
In the absence of agreement between LIGREED and the Consumer on a specific delivery date expressly mentioned on the order confirmation, the Seller undertakes to deliver the goods within a maximum period of thirty days from receipt of the order.
12. Transport. The Buyer is obliged to organize the transport, to choose the carriers for fixed costs paid at the order. LIGREED is obliged to pack the goods in one or more packages adapted to the destination and the means of transport
13. Risks. The risk of loss and damage to products sold is transferred when the goods are physically delivered to the Consumer or a third party designated by him.
14. Reservations. The Consumer shall, under its sole responsibility, check the conformity of the order and condition of the packaging and products as soon as possible in the circumstances.
In the case of missing or damaged products during transport, the Consumer shall formulate with the carrier all the necessary reservations for the receipt of said products by affixing his signature and submit to any formality required by the contract of carriage. These reservations must be confirmed in writing and justifying within 5 days of delivery by email and registered mail with acknowledgement of receipt addressed to LIGREED. Otherwise, the delivery will be considered irrevocably accepted by the Consumer, receipt without reserve covering any apparent defect.
No return of product may be made without the prior written consent of LIGREED. When the return is accepted by LIGREED, the costs and formalities of return by way of mail are refund by LIGREED.
When certain facts invoked by one Party are contested by the other, she must apply for mediation or other alternative dispute resolution process before any legal action for a return of goods
In the event that the reservation or return is accepted by the Seller, the Consumer may request the replacement of non-compliant or defective items at LIGREED’s expense, the delivery of missing items at LIGREED’s expense or the resolution of contract under the conditions of paragraphs 18, 19 and 24.
15. Obligations of the Seller. LIGREED is committed to deliver products in compliance with the legal provisions in force as well as with the various technical standards that may apply. It is committed to delivering products with the level of safety that an average consumer can legitimately expect and whose quantity, quality, type, packaging correspond to what is stipulated in the contract. A product is in accordance with the contract when it:
– is fit for the generally expected use of a similar good, that is to say when it corresponds to the Seller’s description and has the qualities presented in a sample or model; and when it presents the qualities that a consumer can legitimately expect following the public statements of the Seller, producer or representative. The statements of a representative do not bind the Seller when the latter does not know them and is not in a legitimate position to know them.
– has the characteristics defined by the parties or is fit for the special use sought by the Consumer, known to the Seller and accepted.
If necessary, LIGREED undertakes to carry out at its own expense the customs formalities required to leave France. In particular, it provides its customs number and the customs identifier of the goods for shipments outside France.
16. Obligations of the Consumer. The Consumer is obliged, in accordance with the contract, to pay the price on the fixed date, and to take measures and to take delivery of the products.
The Consumer expressly acknowledges being solely responsible for the implementation of the product under normal conditions of use, according to the legislation in force.
He acknowledges that LIGREED remains sole and exclusive owner of all intellectual property or industrial rights and know-how attached to documents, data, products delivered to the Consumer. He undertakes not to infringe these rights.
17. Penalties for violation: Generalities. Each party may require the other party to perform its obligations or damages, to the extent that the defaulting party had foreseen or should have foreseen at the time of the conclusion of the contract, as possible consequences of violation of the contract. Apart from personal injury, this limit corresponds to a maximum of twice the amount excluding taxes of the order, including transport costs. The Parties agree that such a penalty release them from other financial penalty and excludes any other sanction for this violation.
The party alleging non-fulfilment of the contract must take reasonable steps to limit the losses.
Each party may grant the other an extension for the performance of his obligations.
A party may postpone the performance of its obligations when it appears, after the conclusion of the contract, that the other party is not performing an essential part of its obligations. In case of non-payment on a due date, LIGREED reserves the right to suspend any delivery in progress and / or future, without any compensation.
18. Guarantee of conformity. The goods sold by LIGREED have automatically and without additional payment the legal guarantee of conformity provided by French law, for products that are apparently defective, damaged or not corresponding to the order.
The action for guarantee of conformity is open within two years from the delivery of the goods. The Seller must prove that the lack of conformity does not exist.
In the event of a lack of conformity, the Seller proposes to the Consumer the replacement of the good or its repair, at the consumer’s choice, except when this choice generates for the Seller disproportionate costs compared to the second means.
The Consumer can obtain the termination of the contract for violation or the reduction of the contractual price of the good if the defect is major and the period of the chosen solution exceeds one month from the request, or if no repair is possible.
The Consumer cannot implement the guarantee of conformity when he was aware of the defect at the time of contracting or when he could not ignore it at that moment.
19. Guarantee against hidden defects. The goods supplied by LIGREED have automatically and without additional payment the legal guarantee against hidden defects, even if the Seller was not aware of the defect. The defect must be prior to the sale and come from a defect of material, design or manufacture affecting the delivered products and that make them unfit for use or which reduce so much this use, that the Consumer would not have bought them, or would have given a lower price, if he had known the defect.
In the presence of a hidden defect, the Consumer can return the thing and obtain reimbursement or keep the thing and get a part of the price.
The guarantee action against hidden defects is open within two years from the discovery of the defect.
20. Implementation of legal guaranties. In order to assert his rights under the guarantees of conformity and against hidden defects, the Consumer must inform in writing of the Seller the non-conformity of the products or the existence of the hidden defect as soon as possible. He must specify the facts that motivate his request. This information is subject to the formalities of paragraph 26 “Complaints”.
In case of replacement or repair of a merchandise, termination of contract for violation, the shipping costs initially paid by the Consumer will be reimbursed within fourteen days. Return costs will be reimbursed upon presentation of receipts.
Apart from the costs of communication, no cost resulting from the guarantee of conformity or against hidden defects may be charged to the Consumer for the replacement, repair, termination of contract for violation or reduction of the contractual price.
21. Seller’s liability. Apart from the guarantees of conformity and against hidden defects, LIGREED’s liability is exclusively limited to:
– direct personal injury to the Consumer and third parties caused by a defect in the product,
– and direct material damage to the Consumer resulting from misconduct attributable to LIGREED in the manufacture of the product or the execution of the order.
Apart from these events, the Consumer is obliged to waive all remedy against LIGREED and its insurers. He guarantees that his insurers renounce all remedy.
22. Exclusions of liability. In any case, LIGREED is not liable for the consequences of:
– the breakage of a clip ligature or a part of a clip ligature, occurring more than two years after delivery,
– misuse by any user, such as the use of excessive force,
– shock with an object,
– damage or accidents attributable to the Buyer or a third party,
– unsuitable storage,
– normal wear of a part,
– changes in the process of use of the products and all use, even temporary, that is abnormal, atypical, unpredictable or non-conforming to the destination of the product or the rules of art,
– false moves,
– deliberate deterioration,
– modification or repair of equipment by anyone other than LIGREED or a technician approved by the Seller.
LIGREED does not guarantee that the clip ligature adapts to any particular type of instrument, mouthpiece and reed.
23. After-sales service. Any after-sales service requested by the Consumer and not resulting from the non-fulfillment of LIGREED’s obligations requires an agreement from LIGREED specifying the nature of the service and the price requested, including possible transportation, round trip. The after-sales service is provided by LIGREED or a technician approved by him. LIGREED can always refuse to agree to an after-sales service intervention.
24. Termination of the contract for violation. LIGREED may declare the termination of the contract if the Buyer’s non-performance of any of his obligations under the contract constitutes a fundamental breach of the contract, for example if the Buyer fails to fulfill his obligation to pay the price or does not take delivery of the products.
In this regard, if within twenty days after the implementation of the formal notice provided by paragraph 8 “late payment”, the Buyer has not paid the amounts remaining due, the sale may be declared terminated and give right to damages in favor of LIGREED.
In the event of violation of the obligation to deliver within the period specified in paragraph 11 or in paragraph 17, the Consumer can declare the contract terminated by registered letter with acknowledgment of receipt or by writing on another durable medium. This declaration must be made twenty days after a formal notice addressed to the Seller ordering to deliver. In this case, the Seller shall reimburse the Consumer for all paid amounts, at the latest within fourteen days after the date of the contract termination. The contract is terminated on the date of receipt by LIGREED of the letter or writing informing him of this termination. However, when the Seller has delivered the products before the termination was in force, it can not give effect because of the non-fulfillment of the delivery obligation.
The Buyer may declare the termination of the contract if the violation by the Seller of any of his obligations under the contract constitutes a fundamental breach of contract.
A violation of the contract by one of the parties is fundamental when it causes the other party harm such that it deprives it substantially of what it was entitled to expect from the contract, unless the defaulting party did not foresee such a result and a reasonable person of the same quality in the same situation would not have foreseen it either. In this case, the declaration of termination of the contract has effect only 15 days after notification to the other party.
The effect of the termination is to cease obligations of both parties. However, damages may be due.
It can be contested amicably and then judicially.
25. Grounds for exoneration. A party is not liable for the non-performance of any of its obligations if it proves that such non-performance is due to an impediment that is not under its control and that it could not reasonably be expected that it take into consideration such non-performance at the time of the conclusion of the contract, that it prevents or overcomes it or that it prevents or overcomes the consequences.
If the failure of a party is due to the failure by a third party that has been made expressly or tacitly responsible for performing all or part of the contract, that party is exonerated from liability only if it is exonerated under provisions of the preceding paragraph and if the third party would also be exonerated if the provisions of this paragraph were applied to it.
The exemption provided by this article has effect for the duration of the impediment. The party who fails to perform must notify the other party of the impediment and its effect on its ability to perform.
Any party may invoke the misconducts committed by the other relating to the performance of the contract.
26. Claims. Any claim regarding the fulfillment of LIGREED’s obligations must be made by:
– simple or registered mail with acknowledgment of receipt addressed to:
370 rue de la Marquise
43 200 St Maurice de Lignon
– e-mail addressed to: firstname.lastname@example.org
– or message sent via the contact form of LIGREED.COM website.
LIGREED acknowledges receipt of the complaint. In the absence of return of the acknowledgment of receipt, the Consumer must contact LIGREED by telephone and possibly renew his claim by other means.
27. Personal data. Treatments. In accordance with French law and European Union law, the Consumer has the right to query, access, modify, oppose, rectify and delete personal data concerning him. By adhering to these Terms and Conditions, he consents to LIGREED collecting and using this data for the fulfillment of his orders and for other purposes that he may have accepted.
The Consumer is particularly informed that:
– Any contact to LIGREED.COM is likely to give rise to a processing of personal data.
– No personal data is sold by LIGREED.
28. Proof. Except in case of proof to the contrary, the information registered by LIGREEED constitutes the proof of all transactions.
29. Interpretation et competence. Any dispute relating to the interpretation and performance of these Terms and Condition is subject to French law. The Terms and Conditions in French prevail over their translation into English from LIGREED and any translation.
In case of disagreement or litigation, the parties are invited to seek an amicable and equitable solution.
In the absence of an amicable resolution, the dispute will be brought before the court in whose jurisdiction is located the headquarters of LIGREED.
In case of cancellation of any stipulation of these Terms and Conditions, the other stipulations shall remain in full force and effect.
The fact that one party does not invoke a violation of an obligation arising from these Terms and Conditions by the other party cannot be interpreted for the future as a waiver of the obligation in question.
30. Mediation. The Consumer is informed that he can use conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution process (conciliation, for example) in case of litigation.
Mediation is free for the consumer except for the following costs:
– representation by a lawyer or assistance by any person of his choice;
– request for an expert’s opinion, which costs are due by the Party requiring it. In case of joint request for expertise, the costs are shared between the Parties.
WITHDRAWAL FORM – LIGREED WEBSITE
Order nummer :
Order date* :
I declare that I withdraw the order quoted above in the conditions envisaged by the paragraph 4 of the Terms and Conditions and French law.
I declare that I have read the conditions of paragraph 4 of the Terms and Conditions.
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