Terms & conditions
SAS SOUNDIVINE is a French simplified joint stock company with a single shareholder, with a capital of 10,000 €, whose head office is located in France at 29 Avenue Charles de Gaulle, 84130 Le Pontet, registered in the Nîmes Trade and Companies Register under number 909 669 210 (Siret number 909 669 210 000 17 – APE 4743Z – Intra-Community VAT number FR 39 909 669 210).
1. FIELD OF APPLICATION
1.1 For the purposes of these General Terms and Conditions of Sale, the following definitions shall apply:
– “Online Terms and Conditions” refers to the present Online Terms and Conditions of Soundivine for the online sale and delivery of products;
– “Soundivine” refers to the Soundivine company whose support email address is email@example.com, (Soundivine customer service), opening hours Monday to Friday from 9am to 6pm (except public holidays).
– Customer” means a natural person who has entered into or wishes to enter into an agreement for the sale of Products or who is engaged in any other type of legal act designated in Article 1.2. and is not acting on behalf of his or her company, business or professional activity;
– “Products” means all items marketed by Soundivine to its Customers and Prospects on its Website;
– “Website” means : http://www.soundivine.fr also accessible via www.soundivine.com
1.2 Terms and Conditions relate exclusively to online sales offers, order confirmations, deliveries of Products and invoices offered by Soundivine to the Customer, each order placed by Customer with Soundivine, and all transactions taking place between Soundivine and the Customer as well as any request made by the Customer to Soundivine for delivery of Products and/or information about these or other Products, including but not limited to special offers or promotions, whether or not the Customer ultimately orders a Product from Soundivine.
1.4 The Customer’s general terms and conditions of sale or other terms and conditions of sale are not applicable. The Customer may not assert other and/or additional conditions unless Soundivine has given its written consent to do so. These other and/or additional conditions do not affect the scope of application of the other provisions of the General Sales Conditions and apply exclusively to the agreement for which they have been specifically and explicitly agreed in writing.
1.5 Soundivine reserves the right to modify and/or add to these Terms and Conditions. However, these modifications or additions will not apply to agreements already concluded following the order confirmation by Soundivine.
2.1 All communication between Soundivine and the Customer may be carried out electronically, unless otherwise explicitly stated in the General Sales Conditions and/or in the agreement and/or in the legislation.
3. ORDER PLACEMENT PROCEDURE
3.1 Choice of Products. The Customer chooses the Product(s) he wishes to order by clicking on “Add to cart”. The selected Products will be added to his basket. The Customer can change his choice at any time before the order is sent (up to the “Payment” stage) by changing the quantity of products, selecting “delete” or abandoning the ordering process. By selecting “Order Now”, the Customer will be directed to the next step.
3.2 Customer identification. The Customer will specify his data as requested in “My details”. A “Delivery Address” different from the “Billing Address” may be entered; otherwise the “Delivery Address” will remain the same as the “Billing Address” specified in “My Details”.
Customer will then be asked to check the details of the order and to read the Terms and Conditions, including without limitation, the information regarding the processing of Customer’s data and the instruction regarding the right of withdrawal as specified in Article 5 of these Terms and Conditions. The Customer will only be able to proceed with the ordering process if he/she accepts the General Terms and Conditions of Sale and the information regarding the processing of the Customer’s data (by ticking the relevant boxes).
3.2 Payment Method Selection. The Customer will select the desired payment method. Additional information is provided in Article 7 of these Terms and Conditions.
3.4 Placing the Order. The Order will be placed by the Customer by selecting the transaction submission button. Soundivine will confirm receipt of the order by e-mail. The contract will be concluded between the parties after confirmation of the order by Soundivine as provided for in Article 4.1 of these Terms and Conditions.
4. REACHING AN AGREEMENT
4.1 The Products shown by Soundivine on the Website do not constitute a contractual obligation but merely an invitation to place an order on the basis of an offer. Any agreement regarding the placing of an order by a Customer is concluded after confirmation of the Customer’s order by Soundivine by e-mail or in writing, as agreed.
4.2 Soundivine reserves the right to refuse any order at any time for any legitimate reason. In case of cancellation of an order, Soundivine must inform the Customer as soon as possible after receipt of the Customer’s order and indicate the reason for its refusal.
4.3 Soundivine will confirm the content of the order by email upon confirmation of the Customer’s order and on a printed form upon delivery of the Products.
4.3 The information, images, advertisements and other materials available on the Website or sent by e-mail or other means of communication regarding the offers and the main features of the Products will be as accurate as possible. However, Soundivine does not guarantee that all offers and Products correspond exactly to the information provided, unless the information has been stated to be binding.
5. RIGHT OF WITHDRAWAL
5.1 The Customer (“You”) may exercise the right of withdrawal in accordance with the following corresponding instruction :
YOU MAY EXERCISE YOUR RIGHT OF WITHDRAWAL FOR THIRTY (30) DAYS WITHOUT JUSTIFICATION PROVIDED THAT YOU HAVE NOT BENEFITED FROM OR USED THE PRODUCT(S) BEFORE THE EXPIRATION OF THE THIRTY (30) DAY PERIOD. THIS PERIOD TAKES EFFECT ON THE DATE OF RECEIPT OF THE PRODUCT(S). YOU MUST SEND YOUR WITHDRAWAL REQUEST WITHIN THIS THIRTY (30) DAY PERIOD.
THIS REQUEST FOR WITHDRAWAL MUST INDICATE YOUR NAME, ADDRESS, TELEPHONE NUMBER, E-MAIL ADDRESS, ORDER NUMBER AND THE DESCRIPTION OF THE PRODUCT(S) CONCERNED AND BE SENT TO :
29 AVENUE CHARLES DE GAULLE, 84130 LE PONTET, FRANCE
ATTENTION TO : CUSTOMER SERVICE
E-MAIL ADDRESS : SUPPORT@SOUNDIVINE.FR
YOU CAN REQUEST A RETURN MATERIAL AUTHORIZATION (“RMA”) FOR THE PRODUCT IN QUESTION BY USING THE CORRESPONDING WEBSITE.
AN RMA VOUCHER WILL BE CREATED FOR ALL VALID RETURNS TO ENSURE PROPER MANAGEMENT OF THE PRODUCTS TO BE RETURNED.
CONSEQUENCES OF THE RIGHT OF WITHDRAWAL
IN ADDITION TO SENDING A VALID CANCELLATION REQUEST AS DESCRIBED ABOVE, THE PRODUCT(S) MUST BE RETURNED AND SOUNDIVINE MUST REFUND THE SUMS PAID FOR THESE PRODUCTS (WITH THE EXCEPTION OF PERSONALIZED ENGRAVINGS), PROVIDED THAT THE PRODUCT(S) HAS (HAVE) NOT BEEN USED OR DAMAGED. IF THE PRODUCT(S) HAS (HAVE) BEEN DAMAGED OR USED, YOU SHALL COMPENSATE THE LOSS OF VALUE TO THE EXTENT OF THE DETERIORATION CAUSED BY THE USE OF THE PRODUCT(S) BEYOND THE EXAMINATION OF ITS (THEIR) PROPERTIES AND FUNCTIONING. TESTING” MEANS THE TESTING AND NORMAL PERMITTED USE OF THE PRODUCT(S) IN A STORE.
SOUNDIVINE WILL ARRANGE FOR A CARRIER TO COLLECT THE PRODUCT(S) TO BE RETURNED TO SOUNDIVINE AT THE AGREED DELIVERY ADDRESS AND, TO THIS END, SOUNDIVINE WILL PROVIDE YOU WITH THE NECESSARY INFORMATION AS SOON AS POSSIBLE AFTER SOUNDIVINE HAS RECEIVED YOUR NOTICE OF WITHDRAWAL. YOU WILL NOT BE RESPONSIBLE FOR THE RETURN SHIPPING COSTS. SOUNDIVINE WILL REFUND THE AMOUNT PAID FOR THE RETURNED PRODUCT(S) WITHIN FOURTEEN (14) DAYS FROM THE DAY OF RECEIPT BY SOUNDIVINE OF THE WITHDRAWAL NOTIFICATION, SUBJECT TO RECEIPT OF THE PRODUCTS BY SOUNDIVINE.
END OF THE INSTRUCTION CONCERNING THE RIGHT OF WITHDRAWAL.
6.1 The price of the Product indicated during the registration of the order on the Website is expressed in EUROS and includes value added tax (“VAT”), but does not include shipping or delivery costs. The percentage and amount of VAT will be indicated on each invoice.
6.2 If the Customer exercises his legal right of withdrawal, he will not be responsible for the return shipping costs.
7.1 Unless explicitly stated to the contrary in writing, payment shall be made using one of the payment methods indicated on the Website, without prejudice to the provisions of Article 7.4.
7.2 Certain payment methods can only be used if the corresponding conditions have been met (credit check of the Customer, authentification of the Customer and authorization). If these conditions apply, they will be indicated on the Website.
7.3 If the Customer decides to pay the amount due with a credit card issued by a third party or using an electronic payment system, the terms and conditions of the card issuer or bank will apply. Soundivine is not a party to the relationship between the Customer and the card issuer or bank. In addition, a third party payment processing partner will facilitate Customer’s settlement through the Customer’s credit card issuer or bank. Soundivine does not process Customer payments and merely uses the data related to such Customer payments provided by such third parties.
7.4 In the event of late payment, the Customer will have to pay late payment interest amounting to one and a half (1.5) times the annual legal interest rate, calculated from the first day following the expiry of the agreed payment deadline. Soundivine reserves the right to claim additional damages due to this delay in payment.
8. DELIVERY, DELIVERY DATE, TRANSPORT AND RISKS
8.1 Soundivine undertakes to deliver the Products ordered to the delivery address provided by the Customer. For each order, the Customer must specify whether the delivery address corresponds to the billing address. A different delivery address can be indicated.
8.2 Deliveries will be made in France and in Europe. No delivery will be made to a post box. The delivery of the ordered Products will be handled by a carrier commissioned by Soundivine.
8.3 If no delivery date has been agreed, orders will be delivered as soon as possible after the order has been confirmed and, if a deposit has been agreed, after the payment method chosen by the Customer has been processed. Soundivine ensures that its carrier delivers the Products ordered by the Customer within ten (10) working days, unless otherwise specified by Soundivine, bearing in mind that the delivery time should never exceed thirty (30) days from the date of order confirmation. Deliveries are generally made on working days between 9am and 5pm.
8.4 In the event of a temporary stock shortage, Customers cannot in principle order the Products, as the Products are sold within the limits of stocks. If, despite everything, this situation arises, Soundivine will inform the Customer of the availability of the product.
8.5 If a Customer is absent at the time of the first presentation of the ordered Product on a business day, the carrier will show up with the Product the next business day. The Product ordered will be presented to the Customer three (3) times. If the carrier fails to deliver the Product to the Customer personally, the Customer will receive a delivery notice in his mailbox. The delivery notice will indicate the telephone number of the contact person that the Customer can call to arrange a new delivery date.
8.6 Delivery times or dates shown are for guidance only and do not constitute a contractual deadline, unless a firm delivery date has been agreed upon. If a Customer has any obligation to Soundivine on any basis whatsoever, including an obligation to make a down payment or pay in installments or other, Soundivine may suspend delivery of the Products until such obligation is fulfilled by the Customer. In the event of a delay in delivery (date or time) due to the Customer’s failure to provide clear instructions regarding delivery or other aspects relevant to delivery, or failure to provide other information and/or to take mandatory steps in connection with delivery, the delivery period will be extended by a period equal to the duration of the delay or disruption in the performance of the agreement.
If an unforeseeable event beyond Soundivine’s control occurs that disrupts delivery or the time/date when delivery is to take place, such as mobilization, war, terrorism, insurrection or strike, interruption of operations, lack of transportation, difficulties in the supply of raw materials, or other force majeure events, the delivery time/date will be extended for a period equal to the duration of the delay or disruption in the performance of the Agreement If the situation persists for three (3) weeks or more, Customer and Soundivine may cancel the relevant Agreement. Soundivine will promptly refund any payments made by the Customer. If delivery of a Product is delayed, or if an agreement cannot be fulfilled in whole or in part, the Customer will be notified as soon as Soundivine becomes aware of the delay or event.
8.7 Partial deliveries are allowed within reason, in particular, if the delivery of the remaining Products is guaranteed and if the Customer has no additional costs. The customer must accept this type of delivery offered by Soundivine. The General Sales Conditions also apply to partial deliveries.
8.8 The risks of loss or damage to the Products shall pass to Customer upon delivery to Customer.
9. RETENTION OF OWNERSHIP
9.1 ALL PRODUCTS DELIVERED BY SOUNDIVINE SHALL REMAIN THE PROPERTY OF SOUNDIVINE UNTIL FULL PAYMENT OF THE PURCHASE PRICE AS AGREED UPON IN THE CONTRACT, INCLUDING ALL RELATED COSTS INCLUDING INTEREST AND COLLECTION FEES.
9.2 If third parties claim their rights on the Products delivered by Soundivine under retention of title, or want to establish or exercise rights on these Products, the Customer shall immediately inform Soundivine.
9.3 If Soundivine cancels the contract and recovers the Products, Soundivine may sell the Products to one or more third parties without prejudice to Soundivine’s right to claim damages to compensate for losses suffered as a result of the Customer’s failure to perform its obligations.
10. COMPLIANCE AND GUARANTEE
10.1 Soundivine guarantees that the Products comply with the Agreement, the specifications set forth in the offer, reasonable requirements of acceptable condition and/or viability, and applicable legal provisions and/or governmental regulations in effect on the date the Agreement is entered into. Soundivine provides additional technical information regarding the Products on the Website.
10.2 A manufacturer’s warranty may accompany Products purchased from Soundivine by a Customer. Customer may obtain information about this in or on the packaging of the relevant Product or on the Website. This warranty shall be without prejudice to the statutory warranty rights as specified in Appendix A below. Soundivine undertakes to comply with all legal obligations to which it is subject as a seller in relation to the conformity of Products sold to a Customer in the manner provided.
10.3 In the event of non-conformity, Soundivine will repair or replace the Product concerned in accordance with these Terms and Conditions of Sale and in all other respects in accordance with applicable legal provisions.
10.4 The legal warranty period is two years and begins on the date of delivery of the Product or, in the event of a latent defect, on the date of its discovery by the Customer, as set forth in Appendix A.
10.5 If a Product is damaged as a result of improper or inappropriate use, external contingencies, in the broadest sense, to which the Customer has exposed the Product, improper disassembly or uninstallation, or other intentional actions on the part of the Customer, the Customer will not be entitled to make any claims against Soundivine under the legal warranty.
10.6 If a Customer makes a claim under the legal warranty, the Customer shall reasonably cooperate with Soundivine to the extent necessary, including allowing Soundivine to conduct research into the conditions of use of the Product and the procedure for installing the Product.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All intellectual property rights associated with the Products marketed and supplied by Soundivine shall remain the property of Soundivine or, if applicable, its supplier(s) or subcontractor(s), including Soundivine’s affiliated entities or Soundivine’s group companies, shall belong exclusively to Soundivine This includes, but is not limited to, copyrights, patents, trademarks, designs, know-how, trade name rights, database rights and exclusive licensing rights.
12.1 Soundivine’s liability is subject to the provisions of Articles 12.2 and 12.3 :
12.2 Soundivine’s liability for damages arising from negligence is limited to normal and reasonably foreseeable damages arising from the breach of a material contractual obligation. A material obligation is an obligation required for the performance of the purpose of the agreement and in the performance of which the Customer places or may place his trust.
12.3 The foregoing limitation of liability shall not apply to Soundivine’s liability for injury to life and limb, willful misconduct and gross negligence.
13.1 If one of the provisions of the General Terms and Conditions of Sale becomes unenforceable, this will not affect the validity of the other provisions.
13.2 The rights and obligations arising from these Terms and Conditions for the Customer cannot be transferred, unless this has been explicitly agreed in advance in writing with Soundivine.
13.3 The chapters and sections of these Terms and Conditions are intended solely for convenience of reference and shall not influence the content or meaning of the provisions of these General Terms and Conditions of Business.
13.4 In these Terms and Conditions, unless the contrary intention is reasonably apparent, gender includes all genders, the singular includes the plural and vice versa; and if a term or phrase is defined, its other grammatical forms have the corresponding meaning.
14. REPORTING OF COMPLAINTS
14.1 f a Customer is not satisfied with the manner in which Soundivine is implementing or has implemented the Agreement, the Customer may duly file its complete and clearly detailed complaint to Soundivine.
14.2 A Customer may address questions and/or complaints to Soundivine’s customer service department regarding the products provided by Soundivine. Customer service can be reached by email via firstname.lastname@example.org (Monday to Friday from 9am to 6pm).
14.3 Soundivine undertakes to respond to complaints addressed to it within ten (10) working days from the date of receipt. If the processing of a complaint is likely to require a longer period, Soundivine will send the Customer a confirmation of receipt of the complaint within the aforementioned period. The notification will also include an indication of the time frame within which Customer may receive further notification.
15. APPLICABLE LAW
15.1 French law applies to all legal relations between Soundivine and the Client. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.
Legal warranty rights
You have the following legal rights :
Article R. 211-4 of the French Consumer Code:
In contracts concluded between professionals, on the one hand, and, on the other hand, non-professionals or consumers, the professional cannot contractually guarantee the thing to be delivered or the service to be rendered without clearly mentioning that the legal guarantee applies, in any case, which obliges the professional seller to guarantee the buyer against all the consequences of the defects or hidden faults of the thing sold or the service rendered.
Article L. 211-4 of the French Consumer Code:
The seller must deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L. 211-5 of the French Consumer Code :
To be in conformity with the contract, the good must :
1- Be fit for the purpose usually expected of similar goods and, if applicable :
– match the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model ;
– have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling ;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 211-12 of the French Consumer Code :
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article 1641 of the French Civil Code :
The seller is guaranteed for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1648 §1 of the French Civil Code :
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.