It is recommended that you read these General Terms and Conditions of Sale (GTC) carefully before placing an order on the Site. If you have any questions about these Terms and Conditions, please contact customer service before placing an order.
Director of publication: Mr. Frederic Nardin
Preamble
The association JAZZ MUSIC, 12 rue Edgar Faure, 75015 PARIS - prefectoral number W751250391 - SIRET 85355030900019, makes available to the public an online shop :https://www.shop.fredericnardin.com/music-store/
(hereinafter referred to as the "Site").
Any Customer placing an order on the Site is assumed to have previously consulted and accepted these GTC in their entirety and without reservation. To do so, he will have necessarily ticked the box "I accept the General Terms and Conditions of Sale" before any confirmation of purchase.
The Customer is invited to print the present general terms and conditions of sale.
1 - Acceptance of conditions
The Customer acknowledges having read, at the time the order is placed, the terms and conditions of sale set out here and declares that he accepts them unreservedly.The present Terms and Conditions of Sale govern the contractual relationship between JAZZ MUSIC and the Customer via an order on the Site, both parties accepting them unreservedly.
These GTC govern all sales made on the Site concerning the products offered for sale (the "Products").
Specific conditions of offers and use of the Products may be directly mentioned on the Site.
The Customer declares to be at least 18 years old and to have the legal capacity (or to hold a parental authorization) allowing him/her to place an order on the Site. In addition, the Customer declares that he/she is purchasing Products for personal use and not for commercial purposes.
Contact / Customer Service:
email : contact@frednardin.com
2 – Orders
To order a Product, the Customer must first register on the Site by completing all the required information, both personal and banking, in order for JAZZ MUSIC to process the order.The Customer must provide real, verified and complete information. This information is personal to the Customer and it is the Customer's responsibility to ensure its confidentiality, in particular via its password. The Customer is solely responsible for all orders placed via his Account on the Site.
It is important that the information is updated if necessary via the "My Account" section.
The Customer can only order the Products on the Site.
After placing an order on the Site, the Customer will receive a confirmation email containing all the order information and confirming that the order has been processed by JAZZ MUSIC. The Customer is invited to check the information summarized in this summary email.
The Customer is invited to print a copy of this email and keep it.
3 – Price
JAZZ MUSIC reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the rates in effect at the time the order is placed (subject to availability).The Products remain the property of JAZZ MUSIC until full payment of the price.
The prices are those displayed on the Site and are in euros including all French taxes (association not subject to French VAT) but do not include transport costs.
When an order is placed, the total price indicated in the order confirmation includes the price of the products, as well as transport costs.
Any order placed on the Site and delivered outside of France may be subject to taxes and/or customs duties that are the sole responsibility of the Customer. JAZZ MUSIC is under no obligation to check and inform the Customer of any applicable customs duties and taxes. To find out about them, the Customer should check with the competent authorities in his country.
4 - Availability
The Products offered on the Site are on sale as long as the offer to purchase is online and within the limit of available stocks. The availability indicated at the time the Customer consults the Site remains dependent on the actual state of stock at the time the order is recorded. It may happen that between the placing of the order and its registration by Customer Service, the product is no longer available.If, after the order has been placed, a Product proves to be unavailable, JAZZ MUSIC will inform the Customer as soon as possible by mail, e-mail or telephone and give him/her the opportunity to do so:
- or to be refunded the price of the Product ordered,
- or to be delivered, of a product of a quality and price equivalent to that ordered.
Some Products may be offered for pre-order. This means that they can only be shipped from their release date, which will be specified on the Site. As soon as the product is available, JAZZ MUSIC will inform the Customer by email of the dispatch of his order.
5 - Delivery
JAZZ MUSIC will prepare the Products ordered within a maximum period of 7 working days from the date of the order confirmation email referred to in paragraph 6 of article 2 of the present Terms and Conditions of Sale or, in the case of a pre-order, within a period of 7 working days from the date of release of the product which will be mentioned on the Site, in the product sheet. The delivery times will then be applied according to the carrier and the delivery zone (for more information, please consult our delivery page).If the Customer orders an available product and a pre-ordered product at the same time, the delivery of the whole will be made in accordance with the deadlines applicable to the pre-ordered product.
Postal delivery times are estimates and JAZZ MUSIC cannot be held responsible for any delay in delivery due to postal services.
The Products are sent to the delivery address indicated by the Customer during the order process. In the event of an error in the wording of the recipient's contact information, JAZZ MUSIC cannot be held responsible for the impossibility it may have to deliver the product.
Any order placed on the Site and delivered outside of France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are the responsibility of the Customer. JAZZ MUSIC is not required to check and inform the Customer of any applicable customs duties and taxes. To know them, the Customer should check with the competent authorities of his country.
6 - Payment
Payment for the Products can be made either by credit card (Eurocard Mastercard, Credit Card and Visa) or by Paypal. No other means of payment is accepted. The Customer's account will be debited at the time of the order.By providing his or her credit card or bank account information, the Customer confirms that he or she is authorized to make a payment with this card or account, and that he or she is the holder of this card or account.
All cardholders are subject to checks by the card issuer. If the credit card issuer refuses to authorize payment, JAZZ MUSIC will not be able to accept the order and cannot be held responsible for non-delivery or late delivery.
7 - Secure payment
Our Site is subject to one of the most powerful security systems currently in use, the universal SSL encryption process. The credit card number entered is only known by Paypal. It does not pass through the server of the Site.The order validated by the Customer will only be considered effective when the bank payment centres concerned have given their agreement. In the event of refusal by the said centres, the order will be automatically cancelled and the Customer notified by e-mail.
8 - Right of withdrawal
In accordance with the regulations in force, the right of withdrawal cannot be exercised:- on vinyls, CDs, DVDs or any audio or video media when they have been unsealed/unsealed;
- on products personalized for the Customer or established according to his specifications;
- on contracts for the provision of services whose execution has begun, with the Customer's agreement, before the end of the seven clear days.
The Customer has a period of 15 (fifteen) clear days from receipt of the order to request an exchange or refund and return any product that is not suitable, in its original packaging and in good condition, suitable for its re-marketing, by following the return procedure described below.
For any request for exchange or refund of Product(s) within the framework of the right of retraction and for any question or information relating to the right of retraction, the customer must contact Customer Service by email at contact@frednardin.com.
The Customer must take care of the Product(s) to be returned as long as they are in his possession.
Procedures for exercising the right of withdrawal:
In case of exercise of the right of withdrawal within the aforementioned period, and if the returned product(s) have not been damaged by the Customer, JAZZ MUSIC will, at the Customer's choice, exchange the Product(s) or refund the price of the Product(s) purchased and returned, within 30 (thirty) days from receipt of the Product(s).
The Customer should contact Customer Service by email at contact@frednardin.com.
The Customer must return, at his own expense, the item(s), new and unworn in their original condition (packaging, accessories, instructions ...), (If the original packaging has been lost, the Customer will mention on the package the name of the person who ordered the product(s) as well as the order number) to the following address:
JAZZ MUSIC ASSOCIATION
12, rue Edgar Faure, 75015 PARIS / FRANCE
JAZZ MUSIC will refund the amount of the order, i.e. the purchase price of the product(s) concerned and the amount of the initial shipping costs based on the invoiced price, if the entire order is returned. The refund will be made after checking that the conditions are met.
Reimbursement will be made upon receipt of the Product(s) by the services of JAZZ MUSIC and their prior control, as follows:
JAZZ MUSIC will make a bank transfer to the Customer's bank account.
(the Customer must send a RIB in his return package).
Reimbursement of an order having benefited from a promotional code
When an order has benefited from a promotional code, the amount is broken down over all the Products of the order in proportion to their respective value; from then on, the reimbursement of the Product(s) of an order, whatever the reason, is made after deduction of the share of the associated promotional code.
Reimbursement, in the event of the right of withdrawal, will be made according to the aforementioned terms and conditions, the amount of the promotional code not being reimbursed since it has already been deducted from the initial cost of the Customer's order (unless specific conditions to the contrary are set out in the promotional code.
9 - Defective products or products not in conformity with the order
In the event of delivery of Product(s) that are defective, damaged, spoiled or do not conform to the Customer's order, the Customer may, within 8 (eight) days from receipt of the Product(s), request an exchange or refund.JAZZ MUSIC will bear the cost of returning the defective Product(s).
After inspection of the Product(s), if JAZZ MUSIC notes the defectiveness of the returned product(s) or their non-conformity with the order placed by the Customer, JAZZ MUSIC will proceed, at the Customer's discretion:
- or the exchange of the defective or non-conforming product(s), in accordance with the procedure described in Article 8 above;
- or to the reimbursement of the defective or non-conforming product(s), according to the procedure described in Article 8 above, within 30 days of receipt of the return. The refund will cover the defective or non-conforming product(s), the initial shipping costs based on the invoiced price being refunded if the entire order is returned. The name of the person who ordered the product and the order number must be clearly indicated in the return package.
JAZZ MUSIC will not accept C.O.D. returns.
10 - Cancellation of the order
As long as the Product has not been shipped, the Customer may cancel the order by contacting Customer Service, clearly indicating his order number:By e-mail: contact@frednardin.com
11 - Promotional Codes
The Customer may receive promotional codes whose specific terms and conditions of use will be systematically specified.By using a promotional code to make a purchase, the Customer accepts the terms and conditions of use in effect at the time the order is confirmed.
To benefit from his promotional code, the Customer must enter this code when ordering.
Please note that promotional codes may be valid either for the entire Site or for certain Products only, these restrictions being specified in the conditions of use relating to each code and communicated to the Customer with the Code.
There is only one (1) promotional code per order of product(s). Promotional codes are not cumulative with each other, unless an exception is specified on a case-by-case basis in the specific terms of use of each promotional code.
Each promotional code will expire on the date specified in the specific conditions attached to it.
Promotion codes cannot be redeemed for cash and cannot be transferred or assigned to a third party. It is forbidden to publish or distribute the promotional codes.
The specific conditions relating to a promotional code may provide for its validity to be subject to a minimum purchase amount, it being understood that in this case, postage and packaging costs and any taxes will not be taken into account when calculating the minimum purchase amount.
In the event of an incorrect or faulty promotional code or the loss of a promotional code, the Customer may contact Customer Service for assistance.
12 - Customer Relations and Technical Support
For any information on the Products, or the follow-up of the execution of his order, the exercise of his right of retraction or for any other question, the Customer can contact the Customer Service as follows:By e-mail: contact@frednardin.com
By phone: (+33) 06 84 10 32 06
13 - Legal warranty
The Customer benefits from the legal guarantee of hidden defects and this in accordance with the legal provisions below: Article 1641 of the Civil CodeThe seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.
14 - Personal data
By ordering a product on the Site, the Customer agrees that JAZZ MUSIC may store and use his/her personal information to process the order, payment and shipping of the Products. JAZZ MUSIC works with partners in particular for bank verifications or delivery of orders to the Customer. These partners may also have access to the Customer's personal information in order to fulfill the order.a. Named informations
JAZZ MUSIC uses personal data for the purpose of managing and monitoring customer relations and commercial prospecting. The data collected at the time of purchase of the Products identified by an asterisk are mandatory. Otherwise, the processing of the Customer's request may be delayed or prevented. The data concerning the Customer is intended for JAZZ MUSIC.
In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, question, rectify and, for legitimate reasons, oppose personal data concerning him/her. These rights may be exercised by the following means (accompanied by a copy of a signed identity document):
By writing to the postal address:
JAZZ MUSIC ASSOCIATION – 12, rue Edgar Faure, 75015 PARIS / FRANCE
By e-mail: contact@frednardin.com
b. Cookies
JAZZ MUSIC uses "cookie" technology in the Customer's computer. A cookie does not allow the Customer to be identified. Generally speaking, it records information relating to the navigation of the Customer's computer on the Site (the pages consulted, the date and time of the consultation, etc.) that JAZZ MUSIC will be able to read during subsequent visits by the Customer. In this case, it contains the information that the Customer has just provided. Thus, the Client will not need to fill in the form again during his next visit. This information will be stored on the Customer's computer for a period of 30 days.
For information purposes, JAZZ MUSIC informs the Customer that he may oppose the registration of "cookies" by configuring his browser according to the procedure specific to each browser.
15 - Intellectual Property
All texts, comments, works, illustrations and images reproduced in the Site shop are protected by the provisions of the Intellectual Property Code. Only private use is authorized.The rights recognized to the authors or holders of related rights by the Intellectual Property Code are reserved.
JAZZ MUSIC is the exclusive owner and/or assignee or licensee of all intellectual property elements that make up the Site, such as logos, trademarks, designs, audio files, texts, images, technologies and know-how. The Customer shall refrain from using these intellectual property elements for commercial purposes, modifying or reproducing them, on pain of incurring liability.
16 - Responsibilities
The Products offered are in conformity with the French legislation in force. JAZZ MUSIC shall in no way be held responsible for the failure to respect the laws in the country where the Products are delivered. It is the responsibility of the purchaser to verify with the local authorities the possibility of importing or using the Products that he/she intends to order.JAZZ MUSIC can in no way be held responsible:
- access speeds to the Site,
- the speed at which the pages of the Site are opened and consulted,
- of external slowdowns,
- the suspension or inaccessibility of the Site,
- the fraudulent use by third parties of all the information made available on the Site, particularly in view of the complexity of the global networks, the unequal capacities of the various sub-networks, the influx of users at certain times, the various "bottlenecks" at certain points on the Internet.
JAZZ MUSIC cannot be held responsible for any malfunction, loss or deterioration that may damage the equipment of the Client and any Internet user.
It is incumbent upon the Customer to protect its technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion, for which JAZZ MUSIC can in no way be held responsible.
The Customer is solely responsible for the installation, operation and maintenance of its technical, computer and telephone equipment required to access the Site. JAZZ MUSIC shall in no way be held liable if the Site proves incompatible or malfunctions with certain software, configurations, operating systems or equipment of the Customer. JAZZ MUSIC shall not be held liable for any damages whatsoever that may result from the use of the Site, updating operations and temporary unavailability.
Access to the Service is provided on a permanent basis, 24 hours a day, 7 days a week, subject to periods of maintenance and upkeep, server update operations and any exceptional interruptions, subject to cases of force majeure and, finally, subject to saturation of the network or interruptions due to the network itself or the security of the Customer's data. JAZZ MUSIC will not be held responsible for the non-execution or poor execution of the concluded contract if this is attributable, either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
In the event that JAZZ MUSIC's liability is engaged, it will be limited to the price of the service ordered by the Customer.
17 – Applicable law – Litigation
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be brought before the court of Paris.
18 – Various
It is recalled that the succession of clicks by the Customer on the pages of the Site constitutes the expression of the Customer's consent to the commitments stipulated on each of the pages of the Site that are the subject of the clicks. The parties are thus contractually bound.JAZZ MUSIC intends to safeguard in conditions of reasonable security the anteriority of each order and each payment made on the Site. In the event of litigation or fraud, JAZZ MUSIC will therefore be able to produce as evidence all archived elements in its possession.