Article 1 - General
The purpose of these general conditions of sale is to prevent any commercial relations between the seller and the buyer. They define the rights and obligations of both parties, applied without restriction or reservation to all sales of products and services offered through the merchant website www.musikmachine.com*. Validating an order implies for any person the full and complete acceptance of these general conditions of sale. The consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order the products presented online. The consumer has the right to save or edit these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility. The consumer bears the cost of telecommunications when accessing the Internet and using the site.
Identity of the distributing company:
RV Twenty-one SARL
515, road to Saint Ouen du Breuil 76570 Hugleville en Caux
RCS: Rouen 483964458
Exclusive license to use the commercial site: www.musikmachine.com
Article 2 - General description of products and services
The products offered for sale on the site are available while stocks last. The photographs of the products are not contractual. Our responsibility cannot be engaged if involuntary errors have been introduced into the product descriptions. Furthermore, the customer always has the possibility of obtaining additional information on the products and services presented on simple request to firstname.lastname@example.org We reserve the right to modify or change the products or services presented without prior notice. However, no specification of products or services already ordered by customers may be modified. The choice and the purchase of a product or a service are placed under the sole responsibility of the customer.
Article 3 - Entry into force
These general conditions come into force on the date of validation of the order to our customer service.
Article 4 - Proof of transaction / Order taking
Les registres informatisés, conservés dans les systèmes informatiques de la société RV Twenty-one* dans des conditions raisonnables de sécurité, seront considérés comme les preuves de communication, des commandes et des paiements intervenus entre les parties. L'archivage des bons de commande et des factures est effectué sur un support fiable et durable et sera produit à titre de preuve. Toute commande passée auprès de MusikMachine* sera confirmée automatiquement par e-mail et comprenant les détails de la commande ainsi que le mode de règlement . Toute validation du devis comprenant le prix de l'objet, les frais de livraison et le mode de paiement sur le site internet de www.musikmachine.com est considéré comme une confirmation de commande.
Article 5 - Price
The prices are indicated in Euro T.T.C (VAT applicable, Art 29 B of the CGI) and are valid only on the date of the validation of the order by the consumer, mentioning his order. They take into account the VAT delivery costs not applicable on the day of the order and any change in the rate applicable to the VAT will be automatically passed on to the price of the products. The sending of the payment of the totality of the price must be carried out during the order, and becomes exigible by the company as of the validation of the order. The sums paid cannot be considered as deposits or installments. Confirmation of payment agreement for the order by the customer implies that the latter agrees to pay the related delivery costs. Delivery costs cannot therefore constitute a valid reason for questioning the order after its final registration.
Article 6 - Method of payment
To pay for his order, the consumer has, at his option, all the payment methods set out below:
Payment by credit card
Payment by bank transfer
Payment by "Paypal transfer" with the third-party company Paypal.
Payment by check payable to MusikMachine*
The customer will receive confirmation of receipt of payment for his order by e-mail from the seller in the event of payment by credit card, check or transfer, by Paypal in the event of payment through this company. The consumer guarantees that he has the necessary authorizations to use the method of payment he has chosen when confirming the order form. MusikMachine* reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization or in the event of non-payment. MusikMachine* notably reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. In the event of non-payment, in particular due to the bank's refusal to honor the transaction or due to an opposition made by the customer to the transaction, before or after the conclusion of the transaction, MusikMachine* may terminate the sale as of right without notice or delay and may, if necessary, demand the return of the product at the customer's expense. Penalties of an amount equal to the legal interest rate plus ten points are automatically applicable to amounts unpaid at the end of a period of ten days following the invoice date or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof. Payments by Paypal are subject to an automatic confirmation of your payment from Paypal when this payment is accepted. However, MusikMachine* cannot be held responsible for a refusal to collect by Paypal or for any financial or technical dispute under the responsibility of Paypal or one of these subsidiaries or service providers. The customer is invited to consult the general conditions of use of the Paypal payment system on its website www.paypal.fr
Article 7 - Availability
Offers of products and services are offered within the limits of available stocks. For products not stocked in MusikMachine* warehouses, offers are valid subject to availability from our suppliers. In the case of unavailability of product after placing the order, MusikMachine* will inform customers by email or by post as soon as possible. Customers can then request the cancellation or exchange of the order. In accordance with the provisions of article L121.20.3 of the Consumer Code, MusikMachine may in this case provide a product of equivalent quality and price. If MusikMachine* fails to make use of this option, the Buyer will be reimbursed either by credit to the customer's bank account or by check without delay and at the latest within thirty days of payment of the sums he has paid.
Article 8 - Invoicing
After validation of the order, an invoice will be issued and will note the details of the transaction. It will be attached to the product ordered. The customer can obtain a duplicate of his invoice on his personal space.
Article 9 - Delivery
Our shipments are made with all the necessary attention and care. Delivery is made by La Poste, either by normal or tracked mail, or by Colissimo for shipments within France, and by PostExport for shipments outside France. To this end, the customer agrees to provide exact postal details to which he can have access. MusikMachine* cannot be held responsible for a delivery problem, loss or damage due to an error in coordinates, or under the responsibility of La Poste. In the event of return of goods by La Poste or by any other postal or courier service due to non-collection by the customer within the time limits, the costs of re-shipment would remain the responsibility of the customer. Upon receipt of a registered shipment, the customer must check the good condition of the goods received, and if necessary issue the usual reservations to the carrier, no complaint will be taken into account after acceptance of the goods without prior reservation from the customer to the carrier.
Article 10 - Withdrawal
Under the conditions provided for in Article L121-16 of the Consumer Code and in the context of distance selling, the buyer has a withdrawal period of 14 clear days from the delivery of his order. Any return of goods must have the prior agreement of MusikMachine*: After noting your order number, you can send an email to email@example.com. The return of the goods is carried out at the expense, risk and peril of the buyer. The buyer may also request an exchange, in this case MusikMachine* will do its best if the product is still on the market, otherwise it will offer an equivalence, the difference in cost will be borne by the consumer as well as the shipping costs for this new shipment. Only products returned as a whole will be taken back, in their complete and intact original packaging, and in perfect condition for resale. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. In addition, the product must not have been used improperly, excessively or not in accordance with the use for which it was intended, and in general, the product must be in its initial state of presentation. MusikMachine* reserves the right to determine in good faith whether all of these conditions are met. Upon receipt of the product returned by the customer, MusikMachine* will send a confirmation of receipt of said product by e-mail. The costs and risks relating to the return of a product are the sole responsibility of the customer. .
Article 11 - Customer service
For any information or question, our customer service is at your disposal by e-mail : firstname.lastname@example.org
Article 12 - Responsibilities
MusikMachine can not be held responsible for the non-performance of the contract concluded in the event of out of stock or unavailability of the product, force majeure, disruption or total or partial strike in particular of the postal services and means of transport and / or communications, flood, fire.
Article 13 - Transfert of ownership
The transfer of ownership of the products to the benefit of the purchaser will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said products. On the other hand, the transfer of the risks of loss and deterioration of the products will be carried out upon delivery and receipt of the said products by the purchaser. These conditions are subject to change at any time without notice, the changes then being applicable to all subsequent orders..
Article 14 - Cancellation clause
The transfer of ownership of the products to the benefit of the purchaser will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said products. On the other hand, the transfer of the risks of loss and deterioration of the products will be carried out upon delivery and receipt of the said products by the purchaser. These conditions are subject to change at any time without notice, the changes then being applicable to all subsequent orders.
Article 15 - No waiver
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 16 - Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them. The two parties will then come together, within one month, unless this is impossible due to force majeure, 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 longer than three months, these general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 17 - Partial invalidity
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
Article 18 - Applicable law
This agreement is subject to French law. In the event of a dispute arising out of this contract, both with regard to its interpretation and its execution, and possibly after an attempt to find an amicable solution, express jurisdiction is attributed to the competent courts within the jurisdiction of the court of Rouen.
Article 19 - Data processing and freedom
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company RV Twenty-one* involved in the execution of this order. The consumer can write to the company RV Twenty-one* whose contact details are in the article of these general conditions of sale, to oppose such communication, or to exercise his rights of access, rectification with regard to information concerning him and appearing in the files of the company RV Twenty-one*, under the conditions provided for by the law of January 6, 1978.
Article 20 : Copyright
All models, graphic charters, photographs and texts on this site are reserved under copyright as well as intellectual property rights of MusikMachine* both in France and worldwide. Any use not authorized by the author constitutes an infringement. MusikMachine* and www.MusikMachine.com* are registered trademarks of RV Twenty-one*, owner of the rights.