General terms and conditions of sales
Article 1: Fields of application of the general terms and conditions of sales
Article 2: Sale to professionals – Sale to non-professionals
Article 3: Products
Article 4: Orders
Article 5: Price Payment
Article 6: Property reservations and risk transfers
Article 7: Delivery
Article 8: Order receipt
Article 9: Return
Article 10: Withdrawal
Article 11: Legal assurances
Article 12: Contract bond
Article 13: Taxes and exportations
Article 14: Legal notices and responsibilities
Article 15: Organization’s contact details
ARTICLE 1: FIELDS OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS
The following terms and conditions apply to any order placed on the website www.sonovente.com (The « Website ») of the MEGA SOUND CONCEPT company (The « Company ») or at the Company Pick-up store at Palaiseau (91120) 7 avenue du 1er mai.
The Company reserves the right to adapt or change at any moment the terms and conditions. Only the terms and conditions operative when the order was placed are applicable. The Company therefore advises you to save and/or print the terms and conditions when placing an order, and retain it.
By confirming your order, you declare having read, acknowledged, and are agreeing with the general terms and conditions; and have the full legal capacity to bind yourself to the present terms and conditions.
ARTICLE 2: Sale to professionals – Sale to non-professionals
The present general terms and conditions apply to sales concluded with both professionals and non-professionals, the stipulations of the present article 2 being reserved to professionals.
2.1 General Terms and Conditions Applied to professionals. (GTC)
Professionals are any moral or physical person owning a certificate of incorporation or equivalent lesser than three (3) months old.
The stipulations of the present article that might enter in conflict with other stipulations provided in other articles would prevail.
The present GTC form the negotiation base as part of the relations between the Company and professionals.
Any order implies the agreement without reservation to the present GTC prevailing on any other conditions, excluding those which have been expressly agreed by the Company.
As a professional, the dispositions of the Consumer Code mentioned thereafter are not applicable to you.
2.2 Payment conditions
It is the customer’s responsibility to check the technical features of the products for a professional use and the compatibility of performances with the intended use.
In application of the article D.441-5 of the Commerce Code, in case of a delayed payment, the Customer will be legally subject, towards the Company, in addition to delays penalty already provided by the Law, to a fixed allowance for recovery costs of 40 euros.
2.3 Terms of sale
The terms of sale described on article 6 : Property reservations and risk transfers, 7 : Delivery and 9 : Return of the present GTC are also applicable to professionals.
Except special conditions related to the sale, unitary price of the products is the one on the catalogue on the day of the order.
Those prices are, on date, firm and definitive, stipulated without delivery costs.
ARTICLE 3 PRODUCTS
3.1 Availability of the products
The availability and the shipment time are displayed on every product sheet presented on the Website.
If hypothetically, following your order, a product would become totally or partially unavailable, the Company would inform you by e-mail and will offer to change your order or to cancel it and refund you. (except custom made order, special order of product unreferenced on the catalogue or on the website, spare parts…)
3.2 Products identification
Photographs, texts, graphics and technical sheets are from the documentations elaborated by manufacturers or producers, reproduced with their control and approval.
ARTICLE 4: ORDER
4.1 Information during the order
Every order on the Website needs the creation of a client account, accessible with the internet address and password provided during the creation of the customer account. You must check the exhaustiveness and exactitude of the information that you give to us, especially concerning the delivery address. In case of mistake, the consequences (including reshipping costs) will be at your expense.
4.2 Fraud control
The Company performs, alongside with FIA-NET-Certissim (Crédit Agricole Group), random controls on orders made on the Website.
As part of a random control, the Company invites you through e-mail to directly contact the fraud control insurer of the Company, FIA-NET, Crédit Agricole Group. The latter can ask for written proof in order to ensure the identity of the order’s author and the reality of his domiciliation. In case of a categorical refusal from FIA-NET, the Company will be forced to cancel the order to ensure the safety of online transactions.
As required by the « Computing and liberties» law n°78-17 of January the 6th of 1978 you have, at any moment, a right of access, correction, and opposition to your whole personal data by writing and justifying your identity, to FIA-NET – Computing and liberties – 39 rue Saint-Lazare, 75009 Paris.
ARTICLE 5: PRICE PAYMENT
5.1 Means of payment
In order to pay for your order, you dispose of the whole payments methods offered during the final confirmation of your purchase order.
5.2 Online payment security
By confirming your purchase order, you ensure that you have the necessary authorizations to use the chosen mean of payment.
The Company certifies that the credit card information is encoded thanks to the SSL protocol (Secure Socket Layer), and that they never transit unencrypted on the Company network. The payment is directly carried out to the Company’s bank.
5.3 Cash Payment Premise.
Except special offers on the Website, the payment is integrally due when placing the order.
An order will be considered billed when the totality of the products would have been sent, and when you would have covered the entirety of the products costs as well as the shipping fees.
The Company reserves the right to refuse an order in case of an ongoing or past litigation concerning the payment of a prior order.
5.4 Special Offers
Special Offer Black Friday: Until November 25th 2018 included, enjoy -10% on all products* with the code FRIDAY. Offer reserved for particular clients.
*On all products in stock except Line 6, Mipro, Pioneer DJ, Lâg, Korg & Yamaha.
Offer cannot be combined with any other promotional offer going on (promotional code, flash sales…)
ARTICLE 6: PROPERTY RESERVATION AND RISK TRANSFERS
The Company totally owns the ordered and delivered products, until the full and effective payments of the outstanding sums related to the order (Fees and Taxes included).
The property reservation applies, without impeding the risk transfer to you, counting from the receipt of the product.
ARTICLE 7: DELIVERY
7.1 Mean of transport selection
Reliable delivery times from 24h to 5 days in UK, free shipping over 199€ spent
The products will be delivered to the address you would have indicated on your purchase order. We actually deliver to more than 220 countries (except countries at war), the list of expedition price is available in our Frequently Asked Questions rubric (FAQ). Depending on the weight and/or volume of the different ordered products, your order can be shipped by Chronopost, DB SCHENCKER, Colissimo, GLS or courier. The Company reserves the right to charge the shipping.
Special Offer: Sonovente.com gifts you the shipping costs for a 19€ minimum purchase in mainland France and Monaco, with the ECO 24/72H option. This offer is only valid for cash payments (Administrative remit are not eligible for this offer), excluding large volume products delivered by SCHENCKER.
Depending on the method of delivery you choose, you can be delivered the day after or 5 days after having placed the order. Here are the carriers offered for the delivery to UK:
- Chronopost Eco (3 to 5 business days) : FREE for orders over 199 euros (with a weight lower than 30kg and normal dimensions)
- Chronopost Express (24 hours) : Depends on the weight and dimensions of your order (with with a weight lower than 30kg and normal dimensions)
7.2 Delivery times
Delivery times applicable are those indicated when you confirmed your order, and are subject to the availability and the absence of stock error from the company or its supplier.
Any order payed by cheque or postal money service will be processed when the payment is received by the Company, such payment being collected immediately.
Any order payed by credit card (Visa, CB, MasterCard, American Express) will be debited the day of the order, or the following working day after the confirmation of our anti-fraud organism and our bank. Availability and shipping time are estimated on the effective payment registration date by the Company.
Other payment methods (cheque, bank wire, administrative remit, and postal money) will be processed when receipt by the Company.
Orders paid with a credit insurance will be honoured in the limit of the authorized outstanding amount.
7.3 Delivery delay
In case of a delay, we invite you to notify our customer service. We will launch an inquiry for locating your product. If the product is found, it will be delivered in the shortest time. If not, and after obtaining the declared lost report by the carrier, we will send another product, or if it is no longer available, we will refund the amounts collected.
7.4 Delivery at the Company’s pick up point in Palaiseau (91)
This option is offered when an order is made by telephone (+331 80 38 38 38) or on the Website www.sonovente.com . Once your order is available for a pick up, you will receive an SMS to notify you.
You will dispose of an eight (8) working days period to come and pick up the products that we would have reserved for you. After this delay, the availability of the ordered product could no longer be guaranteed. The payment will be done on the website or directly onsite with cash or credit card only.
ARTICLE 8: RECEIPT OF THE ORDER
The following recommendations do not limit the reach of the dispositions relative to the legal insurance provided by the articles L.211-4 to L.211-14 of the Consumer code.
It is recommended to check (or to ask the authorized representative that will receive the package) the apparent state of the products upon receipt (damage, missing product, teared package, broken product, etc… )
It is advised to precisely notify on the carrier delivery note and to make sure the driver signs it.
Meanwhile, you must fill an « anomaly report », which would be transmitted to the Company.
We would like to draw your attention on the fact that the mention « Subject to unpacking » does not have any legal value.
Whether you accept or refuse the effective delivery, you must issue “handwritten reservations” for any open and/or damaged package, that you will notify on the carrier delivery form and that you shall inform us through post mail, as well as the carrier, within the three (3) working days following the delivery.
If the product needs to be returned, you can send it back to the customer service. This return will come with the copy of the letter addressed to the transporter, if applicable, or the “anomaly statement” obtained from the carrier. The return will be performed according to the modalities of the following ARTICLE 9, under the condition that the issued reservations on the carrier’s note are justified and precise enough.
ARTICLE 9: RETURN
9.1 Processing number attribution
In order to ensure a better processing of the return, the efficiency of the diagnosis and the quickness of the intervention by the manufacturer, a return demand has to be made mentioning the motives of the return either by phone or email. A return number will be communicated with a potential pre payed etiquette in order to ensure the return of the products at the Company expense, in case of an error from the Company on the product, or its non-conformity.
9.2 Full order return
Only the products sent in their integrity (accessories, warranty coupon, cables, notice, user’s guide, cover etc…), with their original packaging, the whole being intact and in good condition, could be accepted by the Company (Except consumables, software, custom made products, or goods that have been unsealed by the consumer after the delivery and that could not be returned for hygienic reasons and health protections – Headphones, in-ear phones… -). The product will be sent to the Company at your expense and must come with a copy of the invoice and an explicative letter.
The refund or exchange imply that you have not damaged the product. No writings or stamp marks must appear on the product or its packaging. In case of a non-conform return, the latter will be sent back as it is without notice.
We draw your attention on the fact that for your return shipping, you must send your product under the following conditions:
Except product non-conformity or return cared by the Company, costs linked to return risks are at your expenses.
ARTICLE 10 WITHDRAWAL
10.1. Withdrawal period
10.1.1 Products order
You have a 14 calendar days withdrawal period, counting from the receipt to return, at your expense, if the products do not fit you (Except custom made products, or goods that have been unsealed by the consumer after the delivery and that could not be returned for hygienic reasons and health protections).
If you have subscribed to a Comfort Package, you have a 30 days withdrawal period on the eligible products. The return costs remain at your expense.
If you have subscribed to an Expert Package, you have a 45 days withdrawal period on the eligible products. The return costs remain at your expense.
10.1.2 Subscription to Warranty and services packages.
You have a 14 calendar days withdrawal period counting from the subscription date of a Comfort Package or an Expert Package, to renounce to the warranty conditions and services offered by the Comfort Package or The Expert Package.
In the case of a withdrawal from an Expert Package, the express delivery costs would be deduced from the refund.
10.2 Exercising the withdrawal right
In the hypothesis of exercising the withdrawal right, you can either ask for an equivalent exchange to the amount paid or, as the case may be, with a supplement; or a refund of the paid sums, which will occur during a maximum of 14 days following the withdrawal, through re credit system (secured payment) in case of a credit card payment, or by cheque in other cases.
The refund of the sums could be differed until the Company gets back the goods or until you provide a sending proof of the goods to the Company.
10.3. Exclusions of withdrawal right
According to the provisions of the article L.121-21-8 of the consumer code, the withdrawal right cannot be used for:
The products that have been unsealed by the consumer after the delivery and that could not be returned due to hygiene matters or health protection.
ARTICLE 11: LEGAL ASSURANCES
11.1 Conformity assurance
As a non-professional, legal assurance conformity prevails, provided by the consumer code including the following :
Article L.211-4: “The seller is required to deliver a product that complies with the description given in the contract, and respond to the conformity defects existing when delivered. He also answers to conformity defects resulting of the packaging, the building instructions or the installation when it has been at his charge on the contract or has been realised under his supervision.”
Article L.211-5:” To be conform to the contract, the good must:
1°: Be proper to the usual use of a similar good, and, as the case may be,
-Correspond to the description given by the seller and possess the qualities presented to the buyer under the form of a sample or a model;
- Present the qualities a buyer would legitimately expect due to the public statements made by the seller, the producer or its representatives, including through commercials and labelling.
2°: Or presenting the defined features from a common agreement of the parties or being proper to a specific use seek by the buyer, made known by the buyer and accepted by the seller.”
Article L.211-12:” The action resulting of the conformity defect is prescript for two years from the receipt date of the good.”
11.2 Guarantee of latent defects
As a non-professional or professional, you can ask for the application of legal assurance on latent defects under the conditions provided by articles 1641 to 1649 of the Civil Code.
Article 1641:” The seller is obliged to guarantee in respect of hidden defects of the thing sold which renders it unfit for the purpose for which it was intended, or by diminishing such a lot this use that the buyer would not have acquired it, or would have given a lesser price, if he was aware of them. “
Article 1648 alinea 1:” The action resulting from hidden defects must be intended by the buyer in a two years period counting from the discovery of the defect.”
ARTICLE 12: CONTRACTUAL SECURITY
12.1 Manufacturer warranty
As a non-professional and a professional, products purchased on our Website benefits from a manufacturer warranty, mentioned on the product sheet, allowed by the supplier.
Diverse manufacturer’s guarantees last generally for a year, parts and labour, being indicated that brands do not guarantee consumable parts such as: lamps, faders, crossfaders, potentiometers, tweeter, speakers, guitar strings, drum heads, amplifier lamps, batteries, etc… Within the scope of these guarantees, the supplier can charge some services (technicians travel expenses, shipping costs, etc…)
In case of a breakdown during the manufacturer warranty period, repairs would be performed for free, on the national centre network or directly by the importers.
We draw your attention on the fact that a breakdown proved to be caused by negligence, deterioration or inappropriate use would cancel the manufacturer warranty. This proof is brought by the manufacturer.
The Company could not be blamed as part of the exercise of such warranty towards which it does not belong as a party.
The invoice must be included in order to benefit from the manufacturer warranty on the products.
Manufacturers, suppliers and importers announce a minimum period of 30 days for the after sale processing.
12.2 Commercial Guarantee
12.2.1 Sonovente.com guarantee
The Sonovente.com guarantee completes the manufacturer warranty (generally 1 year, parts and labour) to increase it to three (3) years total, with the same limits as the manufacturer warranty (Except consumables, software, custom made products, or goods that have been unsealed by the consumer after the delivery and that could not be returned for hygienic reasons and health protections – Headphones, in-ear phones… -).
The Sonovente.com guarantee is eligible for products billed since December 1st, 2014.
12.2.2 Guarantee and services Packages: Classic Package, Comfort Package and Expert Package
Sonovente.com offers guarantee and service packages for any order delivered in mainland France including at least a product guaranteed by its manufacturer and eligible for Packages. When an article is not guaranteed by its manufacturer, this article is not eligible for the packs (ex: lamps, cables, guitar strings, consumables, software…).
The guarantee of Classic Package, Comfort Package, Expert Package complete the manufacturer guarantee under the same limits.
The Classic Package complete the guarantee period to three (3) years total; the Comfort Package complete the guarantee period to four (4) years total, whereas the Expert Package complete the guarantee period to five (5) years total.
The terms and conditions of each guarantee and services package can be consulted on the page “Guarantee & Service Packages”. In case of a resell of your gear to a third party, it is indicated that Packages are non-transferable.
12.3 Manufacturer or Commercial guarantee exclusions
The following case are not covered by the guarantee:
The present exclusions do not reduce, nor impede the possibility of performing actions in legal guarantees.
ARTICLE 13: TAXES AND EXPORTATIONS
As a basic principle, any order will be billed with value-added tax (VAT).
However, European Union non-resident can automatically benefit from VAT-free prices if the delivery address indicated on the Website is in a country outside the European Union. The invoice will then be set VAT free.
Moreover, professional residents inside the European Union can mention their intra-community VAT number (contact our “Sales Management Service” to check it.) The bill would be established VAT free and this VAT would then be automatically terminated in the delivered country.
ARTICLE 14: LEGAL NOTICES AND RESPONSABILITIES
The Company could not be hold as responsible in case of damages or indirect costs, nor in case of data or information loss and any costs regarding the use of a product or the impossibility of using such product.
14.2 Force majeure
The Company could not be hold responsible of the non-execution of a contract due to the occurrence of a Force Majeure event.
Are considered as fortuitous or force majeure case, exonerating the responsibility, any facts or circumstances compelling, unpredictable and independent of the will from the parties.
14.3 Computing and liberties Law
The information you communicate to the Company as part of your orders are used for the processing and tracking of your orders, the marketing and customer relation.
Unless the contrary is proven, the Company database, stored in reasonable security conditions, will make the evidence of communications, orders and finalised payments.
The Company will proceed to an archival storage on a reliable and durable device, that could be legally produced as an evidence.
By a simple demand, you could access this database for the totality of your orders.
According to the “Computing and liberty” Law n°78-17 on January, 6th 1978, you have, at any moment, a right of access, correction and opposition to the whole personal information by writing, through post mail and by justifying your identity to the following address: “Sonovente.com – BP 30104 – 91123 Palaiseau Cedex – France”.
Depending on the choices issued during the creation or consultation of your account, you are likely to receive offers from our company. If you no longer deserve it, you can at any time make a request by e-mail at email@example.com or send us a letter to the above-mentioned address.
We inform you that the automatic processing of information, including the managing of users’ email addresses, has been declared to the CNIL under the number 148 6648 V 0.
14.4 International Sales
Any litigation happening during an order, concerning for example the execution, the interpretation, the validity or its cancelling are subject to French law.
14.5 Contractual stipulations autonomy
If one or several stipulations of the present general terms and conditions are considered invalid or declared as invalid in application of a law, a rule or following the final decision of a competent jurisdiction, other stipulations will keep all their strength and scope.
ARTICLE 15 THE COMPANY’S CONTACT DETAILS
Mega Sound Concept Company
Limited liability company
250.000,00 Euros capital
Headquarters are at 7, avenue du 1er mai – 91120 Palaiseau
Registered at Registre du Commerce et des Sociétés d’Evry under the unique identification number 414 841 502
Commercial name is Sonovente.com
91123 Palaiseau Cedex
Phone number: +33 1 80 38 38 38 from 9 a.m. to 8 p.m. without interruptions from Monday to Saturday, except public holiday.
Fax : +33 1 80 38 38 39
e-mail : firstname.lastname@example.org