General Terms & Conditions

Updated on 22 December 2023

PREAMBLE

 

AUDIOSOUNDMUSIC S.A.S with a capital of 50 000 euros, headquartered at 66 Avenue des Champs Elysées, 75008, is registered with the Paris  RCS of under number 905 124 137. Its main business activity is the sale of audio equipment and all products related to audio, the production, and the distribution of all audio support as well as the delivery of services related to these activities.

 

These General Terms and Conditions of Sale (G.T.C.S.) outline the rules applicable to the sale of products on the site,

 

Between

The Company AUDIOSOUNDMUSIC (hereafter "the Company" or "the Sales Representative")

And

Any natural person (hereafter "the Customer") making a purchase of any product on the site and meeting the following requirements:

        Being of legal age in their country of residence,

        Having the legal capacity to contract with the Company,

        Not to purchase with intent to distribute.

 

For the purposes of this G.T.C.S. AUDIOSOUNDMUSIC and the Customer shall be referred to collectively as the "Parties" and individually as the "Party"

These G.T.C.S. shall govern the sale of products sold by AUDIOSOUNDMUSIC without limitation. AUDIOSOUNDMUSIC reserves the right to modify these G.T.C.S. at any time by publishing a new version on the site. The applicable G.T.C.S. are the ones posted on the site on the date the Customer places an order. Specifically, any order of a product offered on the site implies the Customer’s full and complete agreement to the G.T.C.S. applicable at the time of ordering.

 

1 - Purpose of the contract

 

1.1 - The purpose of The Company is the sale of audio equipment, audio support, audio accessories, and services related to these products to private parties located in France and abroad.

1.2 - The Company is not intended for the sale of audio equipment, audio media, audio accessories or related services to professionals in the distribution sector.

1.3 – The Purpose of These General Conditions of Sale is to define the rights and obligations of the parties regarding the online sale of products and services on the AudioSoundMusic.com site.

1.4 - The Company reserves the right to amend these conditions at any time.

1.5 - In case changes are made, the sales terms and conditions applicable to the order are those available on the AudioSoundMusic.com site on the date the Customer places an order on this same site.

 

2 - Pre-contract information

 

Any order placed on the AudioSoundMusic.com site implies that:

 

        The Customer states that they are at least 18 years old and have the legal capacity to enter a contract or to have parental authorization to place an order on the Site,

        The Customer certifies that they are the holder of the payment method used,

        The Customer acknowledges having been informed, prior to placing the order and concluding the contract, of these General Conditions of Sale and of all the information as provided for in Article L. 221-5 of the Consumer Code,

        The Customer unreservedly accepts these General Terms and Conditions of Sale, which are binding on all parties,

        The Customer accepts the use of email as a means of communication with the Company,

        The Customer accepts that all documents related to any order (purchase order, delivery note, invoice) are made available to him electronically,

        The Customer accepts that the Company collects the necessary personal information for ordering and order fulfillment, and shares it with third parties involved in order fulfillment (carrier, manufacturer, distributors, insurer, ...),

        The Customer agrees to the use of cookies by the Audiosoundmusic.com site.

 

 

3 - Product and Service Information

 

3.1 - Products and services outlined in these General Conditions of Sale are also present on the AudioSoundMusic.com site.

3.2 - The information regarding products present on the AudioSoundMusic.com site may be in the English language. The specifications of the products, in particular their dimensions and their weight may be expressed in the Imperial measurement system: inch (1 inch = 2.54 centimeters), foot (1 foot = 30.48 centimeters), ounce (1 ounce = 28 grams), pound (1 pound = 454 grams).

3.3 - The product specifications are presented on the AudioSoundMusic.com site with the greatest possible accuracy, starting with the information provided by the product manufacturers.

3.4 - The Company will not be held liable for inaccurate product information as communicated to the Company by the manufacturers or distributors.

3.5 - Product photographs and color descriptions are not contractually binding.

3.6 - The products comply with the requirements of current French law relating to personal health and safety, fair trading, and consumer protection at the time they are placed on the market.

 

4 - Pricing

4.1 - The Company reserves the right to change its prices at any time but undertakes to apply the prices displayed for any order on the site on the order date.

4.2 -In the event of product pricing error on the AudioSoundMusic.com site, The Company reserves the right to cancel any order for the affected product(s). If the latter is included within an order, the remainder of this order will not be cancelled. The Company will refund the Customer the price of the product subject to a pricing error.

4.3 - The prices shown on AudioSoundMusic.com are in Euros. They do not include any delivery charges which are displayed prior to order submission, and which are invoiced separately. When applicable, VAT is adjusted at the time of payment depending on the country of delivery.

4.4 - There is no VAT applicable on second-hand products.

4.5 - If taxes or contributions are charged or modified between the time the order is placed and payment is made by the Customer, the Company reserves the right to modify the amount of the order, including all taxes.

4.6 - The products remain the property of the Company until full payment is completed. We remind you that once you take physical possession of the ordered products, you become responsible for any loss or damages.

 

5 - Order, pre-order and special order

5.1 - Placing an order

The Customer submits his order by completing the following 5 steps:

        Step 1: The Customer selects the desired products and adds them to his basket. The basket located at the top right of the screen displays the order quantity.\

        Step 2: The Customer checks the contents of their basket by clicking on "Order" to see the summary of their order. The Customer can then modify the products and quantities on their order. The order summary will display the total amount including all product taxes and delivery charges.

        Step 3: Once the order has been checked and/or modified, the Customer submits his basket to finalize his order by clicking again on "Order".

        Step 4: The Customer enters delivery and billing information: all fields are required to finish the order. Unless otherwise specified by the Customer, the billing address will automatically be the same as the delivery address. If the Customer has already placed an order on the site, they already have a customer account. In this case, they will only need to enter their email and password. The Customer then verifies all the information and clicks on "Validate" to continue his order,

        Step 5: Entering bank details: the Customer will then access the secure payment screen. Payment is made online by credit card and Paypal. The Customer will enter his credit card number, its expiration date as well as the 3 numbers on the back of their card. If the payment is approved, the Customer will be redirected to an order confirmation screen. If the payment fails, the Customer will have up to 3 attempts to enter his bank details. After the third failure, the Customer will be redirected to a screen that will indicate that payment has been declined. The Customer can make a request by email (contact@audiosoundmusic.com) to the Company for payment by bank transfert.

 

5.2 - A direct order, hereafter "direct order", is a Customer request for products that are shown on AudioSoundMusic.com as being available and in stock at the time of order.

5.3 - A pre-order, hereafter "pre-order" is for new products not yet placed on the market by the manufacturer, or products already on the market but that may be out of stock. A pre-order is therefore for products that the Company does not have in stock at the time of the order, but for which it can reasonably expect to have in stock within a few weeks or months, based on information provided by the manufacturers or distributors. A pre-order cannot be canceled. If the product is not delivered 12 (twelve) months after the date of the pre-order, the Customer may request a refund by email. The Company will reimburse within 20 working days following the date of the reimbursement request.

5.4 - A special order, hereafter "special order", concerns products that the Company does not have in stock, but which may be manufactured on request by the manufacturer. The company places the order with the manufacturer or distributor for the Customer. The manufacturer or its distributor(s) may deliver directly to the Customer. A special order must first be the subject of a request for information on the availability and delivery terms of certain products. A pre-order does not imply any obligation on the part of the Customer to purchase the products concerned, nor any obligation on the part of the Company to sell same to the Customer prior to Company approval.

A special order cannot be canceled. If the product concerned is not delivered nine months after the delivery date announced before the order, the Customer may request by email to be reimbursed for the product concerned. The Company will then proceed with the reimbursement within 20 working days following the date of the reimbursement request.

 

5.5 - All direct orders, pre-orders and special orders require that the Customer:

        Agree to these General Terms and Conditions of Sale,

        Agree to the price of the products concerned,

        Agree to the description of the products,

        Create an account on the AudioSoundMusic.com site,

        Select a delivery mode,

        Supply information such as first name, last name, complete delivery address, valid email address,

        Agree to using email as a mode of communication with the Company.

5.6 - A firm order, hereinafter "firm order", is an order satisfying one of the three conditions below:

        a direct order, fully paid by the Customer,

        a pre-order, fully paid by the Customer,

        a special order, fully paid by the Customer, for which the Customer has approved the delivery conditions specified.       

5.7 - In the event of unavailability of an ordered product (excluding pre-order and special order), the Customer will be informed by email. The refund for this product will be made within 30 days, the rest of the order remaining firm and final.

5.8 - The Company is a retailer and does not offer product in wholesale quantities. Therefore, the Company reserves the right to refuse orders for the same product in large quantities such as 3 identical items.

5.9 - For the products referred to as "rarity", the Company limits the sale of these, to a single item per Customer.

5.10 - The Company reserves the right to limit an order of the same product, aside from "rarity" products, to only one item per Customer where specified on the product page.

5.11 - The Company reserves the right to decline any pre-order if the quantities requested by the Customer are too large as opposed to the quantities available on the market, or if the ETA is too uncertain.

5.12 - The Company reserves the right to refuse any special order if the quantities requested by the Customer are too large compared to the availability of products on the market, or if the supplier of a product declines the order.

5.13 - A direct order, a pre-order or a special order is only considered approved after the Customer has received an order confirmation email from the Company.

5.14 - If the Company declines a direct order or a pre-order, the Company must reimburse the Customer within 30 days.

5.15 - The Company reserves the right to cancel an order if the product availability is modified. The Company then must reimburse the Customer within 30 days.

5.16 - The Company has the right to cancel any order in the event of non-payment by the Customer.

5.17 - The Company reserves the right to block any order if the information provided by the Customer proves to be inaccurate or incomplete and will release it when the correct and complete information is provided by the Customer.

5.18 - Any request for modification of an order by the Customer must be made to contact@audiosoundmusic.com and is subject to the Company's approval.

5.19 - Any request for information on the status of an order must be made to contact@audiosoundmusic.com.

 

6 - Standard exchange

6.1 - The purpose of the standard exchange, hereinafter referred to as "standard exchange", is to allow the Customer the benefit of reduced pricing for a cartridge in exchange for a used cartridge for the same model.

6.2 - A standard exchange request does not imply any obligation on the part of the Customer to purchase the product, nor any obligation on the part of the Company to sell the product to the Customer.

6.3 - Any standard exchange requires the prior approval of the Company, which reserves the right to decline such a standard exchange for any reason.

6.4 - The standard exchange process is as follows:

        the Customer provides the information on the cartridge, contact details and delivery address using the form provided for this purpose on audiosoundmusic.com,

        the Company approves the standard exchange and provides the Customer information on the time, manner, and cost of delivery by email,

        the Customer confirms by email their agreement to the time and manner of delivery of the cartridge and proceeds to payment,

        the Customer sends the used cartridge at his own expense according to the terms and conditions indicated by the Company,

        the Company acknowledges receipt of the cartridge by email,

        the Company sends the new cartridge to the Customer after receipt of the used cell.

6.5 - The Company reserves the right to decline any standard exchange following the receipt of the cartridge if it does not match the description given by the Customer. The Company will reship the cell to the Customer at the expense of the customer who will take the necessary steps. If the customer refuses to pay the return costs, the cell will be kept by the Company.

6.6 - Any standard exchange implies that the Customer:

        approves these General Terms and Conditions of Sale,

        approves of the product pricing,

        approves the product description,

        creates an account on AudioSoundMusic.com,

        selects a delivery mode,

        supplies information such as first name, last name, complete delivery address, valid email address,

        accepts email as the means of communication with the Company.

 

7 - Payment

7.1 – The Customer can use a bank card or a PayPal account to pay directly on the site.

7.2 - The Customer can also request payment by bank transfer to the Company's account (email : contact@audiosoundmusic.com).

7.3 - All orders must be paid in full to be valid.

7.4 - Bank cards issued by banks domiciled outside France must be international bank cards.

7.5 - Any payment by bank card implies that the Customer certifies they are the holder of the card used.

7.6 - Any payment by means of a PayPal account implies that the Customer certifies that they are the holder of the account used.

7.7 - The Company reserves the right to suspend any order or delivery in the event of non-payment, or refusal by the official accredited payment organization to authorize payment.

7.8 - The Company reserves the right to decline making a delivery or to honor an order from a Customer who has not paid in full or in part for a previous order.

7.9 - The Company reserves the right to refuse to deliver or to honor an order from a Customer with whom a dispute is in progress or has occurred in the past.

7.10 - The bank card number or Paypal account procured online is proof of the Customer's agreement with the provisions of the law of March 13, 2000 and will entail payment of the amounts due on the purchase order and count as signature and unequivocal agreement of all transactions performed.

7.11 - In the event of fraudulent use of a credit card on the audiosoundmusic.com website, please contact 0810 810 121.

 

 8 - Delivery

8.1 – The Company delivers exclusively to:

      in the European Union

      in the following countries: Argentina, Australia, Brazil, Canada, Hong Kong, Iceland, India, Indonesia, Japan, Malaysia, New Zealand, Norway, Philippines, Qatar, Saudi Arabia, South Africa, Singapore, Switzerland, Taiwan, Thailand, Turkey, United Kingdom, United States, Vietnam

 

However, the Company reserves the right to refuse the order for any destinations not covered by our agreements with our logistics partners, in particular for:

            Germany: Island of Rügen, Island of Sylt, Island of Usedom

            Croatia: Island of Krk, Island of Hvar, Island of Brač, Island of Pag, Island of Cres, Island of Lošinj

            Denmark: Faroe Islands, Greenland

            Spain: Canary Islands, Balearic Islands, Majorca Island, Menorca Island, Ibiza Island, Formentera Island, Cíes Islands, Columbretes Islands

            Finland: Åland Archipelago

            France: Reunion Island, Martinique Island, Guadeloupe Island, Mayotte, French Polynesia (the Austral Islands, the Gambier Islands, the Tuamotu Islands, the Marquesas Islands, the Society Islands (including Tahiti and Bora Bora ), Saint-Barthélemy, Saint-Martin, Wallis-and-Futuna, Saint-Pierre-and-Miquelon, French Guiana, New Caledonia

            Greece: Crete, Cyclades Islands (e.g. Mykonos, Santorini), Ionian Islands (e.g. Corfu, Zakynthos), Dodecanese Islands (e.g. Rhodes, Kos), Northern Aegean Islands (e.g. Lesbos, Samos) , South Aegean Islands (e.g. Crete, Karpathos)

            Ireland: Achill Island, Aran Islands

            Italy: Sicily, Sardinia, Island of Elba, Aeolian Islands (e.g. Lipari, Stromboli), Pontine Islands (e.g. Capri, Ischia), Islands of the Venetian Lagoon (e.g. Murano, Burano), Tremiti Islands

            Malta: Gozo, Comino

            Netherlands: Texel, Wadden Islands (archipelago)

            Portugal: Azores Islands, Madeira Island

            United Kingdom: Isle of Man, Shetland Islands, Orkney Islands, Hebrides Islands (e.g. Skye, Lewis and Harris), Isle of Wight, Channel Islands (e.g. Jersey, Guernsey).

8.2 – The Company makes its deliveries to destinations not covered by Article 8.1 on estimate. The Customer must make the request by email to the Company (contact@audiosoundmusic.com).

 

8.3 - The products offered on the audiosoundmusic.com website comply with current French legislation. It is the Customer's responsibility to ensure that the products ordered comply with the legislation in their own country.

8.4 - For order deliveries to regions other than metropolitan France, the Customer will be the importer of the products ordered and they are entirely responsible for discharging customs duties, import duties or other local taxes due.

8.5 - For order deliveries to regions other than metropolitan France, it is the Customer's responsibility to be cognizant regarding customs duties, import duties or other local taxes that may be due, as the Company has no obligation to inform the Customer in this regard.

8.6 - The products remain the property of AudioSoundMusic up to time of delivery and until payment of the order is completed (all taxes and delivery charges included). If the order has been paid in full, the ownership of these products is transferred from the Company to the Customer at the time of delivery once the Customer has acknowledged receipt of the products by signing the delivery note.

8.7 - If for any reason the Customer has not paid the delivered products in full, the Company retains ownership of the products until full and effective payment has been made even after delivery to the Customer.

8.8 - The Company reserves the right to cancel an order if the Company is unable to ensure the quality or safety of delivery to the address requested by the Customer. The Company shall then refund the order within 30 days.

8.9 - For direct orders and pre-orders, the amount of delivery costs is communicated through the audiosoundmusic.com website before payment which is then approved by the Customer. Delivery charges may not constitute grounds for cancellation by the Customer.

8.10 - For special orders and standard exchanges, the delivery costs are communicated by e-mail to the Customer, who must confirm by e-mail. Once approved, delivery costs will not constitute a reason for cancellation by the Customer.

8.11 - For direct orders, an estimated time of arrival is communicated on the audiosoundmusic.com website before payment. The payment of the order is seen as Customer approval of the estimated delivery. This estimated time of arrival may not constitute grounds for cancellation by the Customer.

8.12 - For special orders and standard exchanges, an estimated time of arrival is communicated by e-mail to the Customer, who must confirm by e-mail. After this approval, the estimated time of arrival may not constitute a reason for cancellation by the Customer.

8.13 - For pre-orders, if the Company is not able to provide the Customer with an estimated time of arrival. The payment of a pre-order implies Customer approval of an unpredictable delivery time of up to 12 months.

8.14 - If the estimated time of arrival for a pre-order exceeds 12 months, the Company will allow the Customer to cancel if they wish, and will refund the order.

8.15 - In the case of a pre-order, the Company undertakes to deliver orders chronologically by date of pre-orders. For a given product, the Customers who placed their pre-orders first are delivered first.

8.16 – The estimated delivery time communicated to the Customer for direct orders, special orders and standard exchanges are estimated and are not contractual. They may vary depending on the supply capacity of manufacturers or their distributors. Delivery times may not constitute a reason for the Customer to cancel an order.

8.17 - The Company shall not be held liable for any delay in delivery for any reason whatsoever.

8.18 - In case of unavailability of a product on order, the Customer will be informed and will be reimbursed within 30 days.

8.19 - No deliveries are made to campsites, hotels, post offices and post office boxes.

8.20 - When an order includes several products with different delivery times, the Company will make the delivery only once all the products become available. However, the Company reserves the right to split the deliveries, without impact on the delivery costs to the Customer.

8.21 - For direct orders, special orders and standard exchanges, the products are delivered to the address indicated by the Customer when ordering. For pre-orders, the Company will ask the Customer for confirmation of the delivery address given at the time of the order.

8.22 - Any parcel returned to the Company because the Customer provided an incorrect or incomplete delivery address will be reshipped at the Customer's expense. If the Customer refuses to pay the reshipment costs, the order will be cancelled by the Company. The Customer will be reimbursed within 30 days for the order total minus the delivery costs and a fixed amount of 10% of the order for processing.

8.23 - The carrier responsible for the delivery may ask the Customer to make an appointment to ensure the delivery. The Customer must respond as soon as possible to the carrier's request for an appointment and be present at the delivery address for the agreed appointment.

8.24 - In the event that it is impossible to deliver the Customer due to their absence or inability to collect their order within the time allowed by the carrier, the Customer may be redelivered at their own expense. If the Customer refuses to pay the return shipping costs, the order will be canceled by the Company and the Customer will be reimbursed within 30 days for the amount of their order from which the delivery costs will be deducted and a fixed amount equal to 10% of the order for Processing fee.

8.25 - The Customer must verify upon delivery that the products delivered are those listed on the order and that they have not suffered any apparent damage during transport and delivery. This verification is considered to have been conducted as soon as the Customer, or a person authorized by him, has signed the delivery note without adding any comments. No complaint can be made by the Customer to the Company without this prior verification and without detailed observation made on the delivery note.

8.26 - If the delivered products do not correspond exactly to the delivery note or have suffered apparent damage during transport or delivery, the Customer must:

 

        note it on the delivery list, in the form of handwritten comments accompanied by their signature,

        communicate these comments - with mandatory supporting photos - to the Company on the same day of the delivery to contact@audiosoundmusic.com,

        confirm these comments by registered mail to the carrier within two business days following the receipt of the items and send, within the same time, a copy of this mail to the Company at contact@audiosoundmuscic.com or to AudioSoundMusic - 66 Avenue des Champs Elysées - 75008 Paris.

8.27- No claim may be made by the Customer for apparent damage or a difference between the products delivered and the order form if the three requirements listed in 8.26 have not been fulfilled by the Customer within the time frame, and the Company will then be released from all responsibility towards the Customer.

8.28 - Any product failure must be reported to the Company within 2 days of delivery at contact@audiosoundmusic.com. Any claim made outside of this period will be rejected and the Company will be released from any liability towards the Customer.

 

9 - Proof of transaction

 

9.1 - The computer files kept in the Company's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties. Purchase orders and invoices are archived on a reliable and durable medium and can be produced as needed.

 

 10 - Product warranties

10.1 – The product warranty does not apply to vinyl, cassettes, CDs/SACDs, tapes and covers.

10.2 - The Company states expressly to the Customer that it is not the producer of the products presented on audiosoundmusic.com within the meaning of Law No. 98-389 of 19 May 1998 regarding liability for defective products.

10.3 - All products marketed on audiosoundmusic.com benefit from a manufacturer's warranty. The Company will not be held liable in case of improper warranty execution by the manufacturer of the product concerned.

10.4 - The invoice sent to the Customer is the warranty certificate.

10.5 – The return of a product can only be approved by the Company if it contains the original packaging as well as all the elements delivered to the Customer (product components, accessories, user manual, cables, etc.). In the event of an incomplete return, the guarantee will not apply and the Company will return the product to the Customer.

10.6 – In the event of a guarantee being implemented, return and reshipping costs are the responsibility of the Customer.

10-7 - In case of compliance failures, the manufacturer may choose between repairing or replacing the product.

10.8 - The legal guarantee is independent from the commercial warranty where relevant. The Customer may also decide to act as a result of unacceptable defects such as described in articles 1641 to 1649 of the Civil Code. This guarantee covers the products against any hidden defect resulting from any material, design or manufacturing failure which affect products thus making them unfit for use. In this case, the Customer can choose between the resolution of the sale or a reduction of the sale price under the terms of Article 1644 of the Civil Code.

10.9 - Our products have performances consistent with professional usage even if the Company does not sell to professionals. Consequently, the Company shall not be held liable for any damage whatsoever resulting from professional activity. Likewise, the Company shall not be liable for any damage resulting from improper use of a device by the Customer.

10.10 - Any warranty excludes misuse, negligence, or lack of maintenance by the Customer, as well as in case of normal wear and tear of the product or force majeure. It is excluded in case of assembly, environment or use contrary to the terms of the manufacturer’s data.

 

11 –Right of withdrawal

11.1 – In accordance with the legal provisions in force, the Customer has a period of 14 days from delivery of the products to exercise his right of withdrawal without having to provide reasons or pay a penalty.

11.2 – The Customer is obliged to communicate his decision to exercise his right of withdrawal to the address contact@audiosoundmusic.com within 14 days of delivery of the products concerned. To be valid, this communication must be issued by the user account that placed the order and include the following information: the order number, the Customer's first and last name, the list of products subject to withdrawal.

11.3 - After communication of his decision to exercise his right of withdrawal, the Customer must return as quickly as possible - without exceeding the 14 working days granted - the products concerned by the withdrawal, in their original packaging complete and intact, and in perfect condition for resale – in particular vinyl, cassettes, CDs/SACDs, tapes or covers must be in their original sleeve or packaging, unopened and still sealed.

No returns or refunds will be validated if the product(s) are opened and unsealed.

11.4 - No additional time will be granted.

11.5 - The Customer undertakes to make his return with an approved carrier requiring the signature of the Company upon receipt of the return.

11.6- The costs of returning products subject to withdrawal are the responsibility of the Customer. No return costs will be refunded.

11.7 - The Company will only reimburse the products subject to withdrawal to the extent that they are returned in the condition in which they were delivered to the Customer, the original packaging box being intact and over-packaged to protect it from any damage during return transport.

11.8 - The Company will reimburse the products subject to withdrawal within 14 days of receipt by the Company of the products subject to withdrawal and using the same means of payment as that used by the Customer to pay for the order. In the event of an incomplete return noted by the Company, only the products actually returned will be refunded.

11.9 – Initial delivery costs will be deducted from the refund. In the case of free delivery (in particular for orders above 100 euros), a flat rate of 15 euros for deliveries within France will be deducted from the reimbursement, 30 euros for deliveries outside France within European Union, at actual cost for deliveries outside of the European Union and for large parcels.

11.10 - In the event of non-compliant receipt, the Company reserves the right to refuse the return. In order to avoid any dispute, the Customer is responsible for providing clear, precise and complete photos (on all sides) proving the condition of the product before its return.

 

12 – Return

12.1 – Any sale is final.

12.2 – No returns - apart from returns linked to the right of withdrawal and the guarantee - will be accepted.

12.3 – In the case of a defective product (including veiling or defect noted on the vinyl), the Customer must inform the Company by email (contact@audiosoundmusic.com) within a maximum of 48 hours following receipt of the product. After this period, the Customer will not be able to request a return.

12.4 - “Veiled” vinyl are not subject to exchange and will be “revealed” by specialized machines provided for this purpose and will be returned to the Customer.

12.5 – Once the defective product has been returned and received, the Company will carry out an exchange - as soon as possible - depending on the availability of the product. After a period of 3 months following receipt of the product(s), or in the event of breakage of the product(s), the Company will reimburse the Product(s) excluding delivery costs within a period of '1 month.

12.6 – A product cannot be considered defective if this concerns the packaging (including seals and sleeves of vinyl, cassette Tapes or CDs/SACDs).

12.7 – The Customer must return the product(s) at his own expense within 48 hours of the Company's response, to the address communicated to him. The Customer undertakes to make his return with an approved carrier and with mandatory signature of the Company upon receipt of the return.

12.8 - The return of a product is only possible after formal agreement from the Company and according to the terms specified by the Company (delivery address, carrier, place of deposit, etc.).

12.9 - The return of a product will be accepted by the Company only on the condition that it contains the original packaging complete and intact as well as all the elements delivered to the customer (constituent elements of the product, accessories, instructions of use, cables, etc.). The Company will only reimburse products subject to return to the extent that they are returned in the condition in which they were delivered to the Customer; The Customer is responsible for repackaging the product to protect it from any deterioration during return transportation.

12.10 - If the malfunction concerns a single element of a set of products, “a package”, or an accessory, the Customer is obliged to only send the latter to the Company. It must be returned in its original packaging.

12.11 – Return costs and reshipment costs in the event of exchange or repair are the responsibility of the Customer. No return and/or reshipping costs will be refunded.

12.12 - The Company will reimburse the returned products within 14 days of receipt by the Company of the returned products and using the same means of payment as that used by the Customer to pay for the order. In the event of an incomplete return, only the products actually returned noted by the Company will be refunded. The Company will inform the Customer by email.

 

 

13 - Installation

13.1 - AudioSoundMusic offers an installation service only:

        in metropolitan France

        in Corsica

        outside metropolitan France in the countries of the European Union

AudioSoundMusic does not conduct installations outside the European Union.

13.2 - Certain products include in their price free installation at the delivery address. The Customer may benefit from a free installation only if this provision is specified on the product page.

13.3 - For some products, the Company offers paid installation at the delivery address. The Customer may only benefit from a paid installation if it is indicated on the product page.

13.4 - When the installation service is not mentioned on the product page, this service is not offered. The Customer cannot therefore request it for the product in question.

13.5 - The Customer cannot purchase an installation service independently of an order including a product for which a paid installation service is offered.

13.6 - The installation service is delivered only for orders paid for by the Customer.

13.7 – Outside Paris (France), all travel costs linked to an installation are the responsibility of the Customer. An estimate will be made by the Company for prior acceptance by the Customer before installation. They will be payable before installation.

 

14 - Intellectual Property

14.1 - All items on audiosoundmusic.com are the exclusive intellectual property of the Company. It is forbidden to reproduce, profit from, rebroadcast, or use for any purpose whatsoever, in part or in whole, any content of the site.

14.2 - The trademarks, logos, designs, and models as well as the text appearing on the audiosoundmusic.com site are the exclusive property of the Company. In no event shall their disclosure be construed as granting any license or right to use them or a right to use any of the said trademarks and distinctive elements protected by copyright. They may not be used under penalty of infringement.

 

15 - Personal data

15.1 – A subscription to the audiosoundmusic.com newsletter does not require the Customer to create a user account but to register their e-mail address. This e-mail address is automatically deleted from AudioSoundMusic's files when the Customer unsubscribes from the newsletter.

15.2 - A Customer must create a user account to make a "wishlist" and to place an order (direct, pre-order, special order, standard exchange).

15.3 - The creation of a user account by the Customer requires a first and last name, e-mail address, date of birth and if they so desire, a telephone number.

15.4 - The Customer must provide a delivery and a billing address.

15.5 – The Customer must enter their payment information.

15.6 – When processing an order, the Customer's personal data may be transmitted to third parties involved in the order processing, such as carriers, manufacturers, distributors, insurers,

15.7 - After order processing, payment data are kept for a period of three years after the order has been processed for the sole purpose of serving as proof of transactions and to allow the Company to comply with its legal and regulatory obligations.

15.8 - Data related to the user account (name, first name, e-mail address, date of birth, telephone number) are kept for an indefinite period after the order has been placed.

15.9 - In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, modify and oppose personal data concerning them. To exercise this right, the Customer must send a request to contact@audiosoundmusic.com. The Company has a period of 20 business days to fulfill the Customer's request.

15.10 - A request for deletion of personal data will necessarily lead to the closure of the user account on the audiosoundmusic.com website.

15.11 - The Company implements organizational and technical measures to secure Customer data. However, it should be noted that data is stored in the Cloud via the Internet, which are environments that cannot be completely secure. The Company cannot therefore guarantee the total security of the transmission and storage of personal data.

15.12 - The Company reserves the right to make any changes to these clauses relating to the protection of personal data at any time. If such a modification should occur, the Company undertakes to publish the new version on its website and to inform the Customers by e-mail at least 15 days prior to the effective date of the modifications. If the Customer does not agree with the terms of the new wording of the personal data protection clause, they may request the deletion of their personal data.

15.14 - The person responsible for processing personal data is the Company's legal representative who can be contacted at the following address: contact@audiosoundmusic.com.

 

16 – Cookies

16.1 - The audiosoundmusic.com website uses cookies to optimize the user experience, and to remind users of the products they may have looked at during previous visits, without the need for the Customer to log in.

16.2 - Cookies are also used, on an aggregated and anonymized basis, to obtain usage statistics such as the number of unique visitors, the average number of pages visited, the average time spent on the site, the average number of products viewed, and so on.

16.3 - Any use of the audiosoundmusic.com website implies acceptance by the Customer of the cookies implemented by the website.

 

17 - Applicable law and disputes

 

17.1 - This contract is subject to French law. The language of this contract is the French language. In the event of a dispute, the French courts shall have exclusive jurisdiction.

17.2 - The Customer can communicate any complaint by email to contact@audiosoundmusic.com.

17.3 – According to the rules applicable to mediation, any consumer dispute must be communicated beforehand by email to contact@audiosoundmusic.com.

17.4 - According to the provisions of the Code of consumption concerning the amicable settlement of disputes, AudioSoundMusic complies with the e-commerce Ombudsman service of FEVAD (Federation of e-commerce and the remote sales) at: 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr.

17.5 – Following preliminary steps with AudioSoundMusic, the Ombudsman service can be contacted at mediateurduecommerce@fevad.com for any consumer dispute that has not been able to be settled.

 

18 - Force majeure

18.1 – A force majeure is any event preventing the processing of an order and:

 

        is beyond the control of either Party,

        which could not be reasonably anticipated when the order was placed,

        whose effects cannot be avoided by appropriate measures.

18.2 Force majeure or chance events, in addition to those usually retained by the French jurisprudence (natural disaster, ...) can be in the form of:

        a lasting shortage of electronic components or raw materials used in the composition of products (such as PVC),’

        the blocking or lasting disruption of means of transport or supplies, postal services, national telecommunication networks, electronic payment systems, the Company's Cloud service providers, electrical power,

        a lasting disruption of the Company or supplier logistic and storage routes due to burglary, fire, flood, lightning,

        the inability of the Customer to receive the products or to put them into operation (due to a natural disaster, a lasting power outage, etc.).

18.3 - In the event of force majeure, the Parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract can be continued, or its possible cancellation.

18.4 - Any case of force majeure entitles the Company to cancel an order and to proceed with the reimbursement to the Customer if the latter has already paid for the order.

18.5 - Any case of force majeure gives the Customer the right to cancel the order, as far as it has not yet been delivered, and to request reimbursement if the order has been fully and effectively paid.

18.6 - Force majeure may not be invoked after receipt of the products by the Customer.

18.7 - The Party invoking force majeure shall immediately notify the other Party.

18.8 - The Parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts for more than three months, the current General Conditions of Sales may be terminated by the injured Party.

19 - Partial non-validation

If one or more stipulations of the current conditions are held to be invalid in application of a law, a regulation or a court decision, the other stipulations will retain all their force and scope.

20 - Non-waiver

The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to in these terms and conditions shall not be construed as a waiver for the future.