GENERAL TERMS AND CONDITIONS OF SALE 2023
These website www.deebeeaudio.com(hereinafter the "Site") apply without restriction to all online sales and services provided by MARKET MAKER MUSIC (ci-après « l’Éditeur »), a simplified joint stock company with a capital of 10,000 Euros, whose registered office is located at 81 Ancienne Route Nationale 7, 69570 Dardilly, France, registered in the Lyon Trade and Companies Register under the number 892 891 490 and represented by Mr. Aaron ILLOUZ, in his capacity as Managing Director (hereinafter referred to as the « Seller »), and any individual purchasing for their personal needs (hereinafter the “Customer(s)”) the products of the Seller (hereinafter the “Products”).
The Seller reserves the right to modify its GTCS at any time and without prior notice, it being specified that the GTCS applicable to the Customer shall be those in force on the day of the order. Any order of the Seller’s Products implies the Customer’s full and complete acceptance of these GTCS, which prevail over all other conditions or documents of any kind. The Customer acknowledges that they have been given prior notice of these GTCS and of all the information referred to in article L.221-5 of the French Consumer Code in a legible and comprehensible manner.
Article 1 : Products
1.1 The Products governed by these GTCS are those which appear on the website www.deebeeaudio.com (hereinafter the "Site") and which are indicated as sold and shipped by the Seller (the "Products").
1.2 The Products sold on the Site are new and comply with the legislation in force and the standards applicable in France.
1.3 The Products are offered within the limits of available stocks. If one or more Products ordered are not available, the Seller undertakes to inform the Customer as soon as possible and to refund the price of the Product, as well as any delivery costs if all the Products ordered are unavailable. The refund will be made at the latest within thirty (30) days from the date on which the Customer is informed, if the execution of the order is definitively impossible within this period.
1.4 The essential characteristics of the Products are described and presented as accurately as possible. However, the Seller shall not be held liable for any errors or omissions in this presentation. The photographs of the Products are not contractual.
Article 2 : Prices
2.1 The prices of the Products are indicated in Euros, all taxes included.
2.2 They take into account any discounts that may be granted under the conditions specified on the Site.
2.3 The Seller reserves the right to modify the prices at any time, it being specified that the applicable prices are those in force on the day of the order. Nevertheless, in the event of a price error (price that is clearly derisory in relation to the real value of the Product), the order may be cancelled by the Seller, after having informed the Customer and having offered them the possibility of paying the real price, it being understood that this measure remains exceptional.
2.4 The prices of the Products are exclusive of delivery costs (postage, packaging and preparation of the parcel according to the rates in force). The amount of the delivery costs will be specified before the order is confirmed.
2.5If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Products on the Site and on the various sales support materials.
Article 3 : Order - Products available on the site
3.1 Once the shopping cart has been validated, the Customer chooses their address and delivery method, as well as their payment method.
3.2 Any order implies acceptance of the prices and description of the Products available for sale, of these GTCS and of the payment terms.
3.3The order will be considered final:
- after the Seller has sent the Customer an e-mail confirming the order, as well as an e-mail containing the withdrawal terms;
- and after the Seller has received the full price, or the first instalment in the case of payment in instalments.
3.4The Seller reserves the right not to validate an order for any legitimate reason, in particular in the event that the order does not comply with the GTCS, or due to serious and concordant elements that give rise to a suspicion of fraud on the Customer's order.
3.5 The terms and conditions of withdrawal may be consulted by the Customer at any time on the Site.
3.6 In accordance with French Decree No. 2014-928 of August 19, 2014 on electrical and electronic equipment waste and used electrical and electronic equipment, the Customer has the option of returning used electrical and electronic equipment free of charge within the limits of the quantity and type of equipment purchased. In this respect, the Customer must indicate their wish to return the equipment prior to validating their order. Failing this, the Seller reserves the right to refuse to take back the Product. The so-called "1 for 1" take-back concerns a product collected at the point of delivery with the same functionality as the product delivered. The Customer is informed that the product taken back must not present a danger to the health and safety of the staff in charge of the take-back, due to contamination or poor handling.
Article 4 : Payment Terms
4.1 The total amount of the order is payable according to the terms and conditions specified on the Site. Thus, payment must be made either in full and in a single instalment when the order is placed on the Site, or in several instalments, as the case may be, by means of secure payment by bank card and through the Site.
4.2 An invoice will be issued and sent to the Customer upon receipt of the order and confirmation of payment.
4.3 In the event that for any reason whatsoever, whether due to opposition, refusal or otherwise, the transmission of the money owed by the Customer proves impossible, the Order shall be cancelled and the sale automatically terminated, without the Customer being able to hold this against the Seller.
Article 5 : Delivery Terms
5.1 The Seller may offer the Customer, at the time of placing the order, different delivery methods depending in particular on the size of the package and the Customer's delivery address.
5.2 The delivery costs, expressed in Euros and inclusive of all taxes, are borne by the Customer depending on the delivery method chosen.
5.3The Products are delivered exclusively in metropolitan France, with the exception of Corsica and the Principality of Monaco, and therefore only comply with the regulations applicable in metropolitan France. Except in special cases or when one or more Products are unavailable, all Products ordered shall be delivered at once. Deliveries may be made by an independent carrier. The delivery rates are specified at the time of the order.
5.4 Delivery times : The Seller undertakes to make its best efforts to ensure that the Products ordered are delivered on the dates indicated at the time of placing the order, depending on supply and transport possibilities and in the order in which the orders arrive. However, except in the case of force majeure or the Customer’s fault, in the event of late delivery, the Customer may, under the conditions provided for in the French Consumer Code, suspend their obligation to pay, or terminate the sale if, after having given the Seller formal notice to perform within a reasonable additional period, by registered letter with acknowledgement of receipt, the latter has not performed within this period. All sums paid by the Customer will then be returned to them within a maximum of fourteen (14) days from the termination of the sale.
5.5 If delivery is not possible due to an incorrect or incomplete address, the Customer alone shall bear all the consequences, so that the Seller may invoice the administrative and transport costs associated with the return and/or reshipment of the order.
5.6 AIn the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products, duly accepted in writing by the Seller, the related costs shall be subject to special additional invoicing, based on a quote previously accepted in writing by the Customer.
Article 6 : Transfer of ownership and risks
The transfer of ownership of the Products to the benefit of the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of the Products. On the other hand, the transfer of risks, in particular of loss and deterioration of the Products, shall take place upon taking possession of the Products by the Customer or a third party designated by them.
Article 7 : Withdrawal
7.1In accordance with articles L.221-18 and following of the French Consumer Code, the Customer may withdraw from the sale contract without giving any reason within fourteen (14) days as of the day on which the Customer or a third party designated by the them and other than the carrier, takes physical possession of the Products.
The cost of returning the Products shall be borne by the Customer. When, due to its nature, the Product cannot be returned normally by mail, the applicable costs given as an indication are as follows:
Weight Return price with return label:
0 -10 kg : 20,85€
11 - 15 Kg : 26,40€
16 - 30 Kg : 32,70€
Flat rate for items/packages over 30kg: depending on weight and volume between 45 and 120€.
In the case of an order for several Products delivered separately, the period expires fourteen (14) days after the last Product is taken possession of.
7.2 The right of withdrawal can be exercised online, using the withdrawal form available in Annex 1 hereof, or on request via the messaging system of the Site. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
7.3 The returned Products must be suitable for sale and must therefore be returned in their new and complete condition and in their original packaging. The Customer may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products.
7.4 The Customer must return the Products at the latest within fourteen (14) days following the date of communication of their withdrawal to the following address: MARKET MAKER MUSIC - deeBee - 301 rue Denis Papin, 38090 Villefontaine, France.
7.5 The Seller shall refund all payments received from the Customer, including delivery costs (except for additional costs resulting from the Customer's choice of a delivery method other than the cheaper standard delivery method offered by the Seller) within 14 (fourteen) days of receipt of the Products or receipt of proof of shipment provided by the Customer, whichever comes first. The refund will be made via the same payment method as the one used for the returned order and will not incur any costs for the Customer.
Article 8 : Guarantees
8.1 All Products on sale on the Site benefit from the legal guarantee of conformity (articles L.217-1 and following of the French Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the French Civil Code), allowing the Customer to return defective or non-conforming Products delivered.
8.2 The Seller shall be liable for defects in conformity existing at the time of delivery of the goods to the Customer, and which appear within a period of two (2) years as from the latter. When the Customer acts on the basis of the legal guarantee of conformity, the latter:
Benefits from the applicable legal time limit to act,
May choose between repairing or replacing the goods, subject to the cost conditions set out in article L.217-9 of the French Consumer Code;
Is exempted from proving the existence of the non-conformity of the goods during the twenty-four months following the delivery of the goods.
The legal guarantee of conformity applies independently of any commercial warranty that may have been granted.l
8.3When the customer acts on the basis of the legal guarantee against hidden defects, the latter:
Has a period of two (2) years from the discovery of the defect to act,
May choose between the termination of the sale or a reduction of the sale price, in accordance with article 1644 of the French Civil Code.
8.4 If the product is repaired, and if the period of the legal guarantee of conformity is still running, the Customer benefits from an extension of guarantee of six (6) additional months. If the Customer chooses to repair the product, if this is impossible, the Seller shall replace the Product. This new product is then covered by a new legal guarantee of conformity of two (2) years.
8.5Defects resulting from misuse, negligence or lack of maintenance on the part of the Customer, as well as any damage resulting from normal wear and tear of the goods or from an event of force majeure, are excluded from the guarantee. The guarantee does not apply either in the case of deterioration or accident resulting from shock, fall, or in the case of transformation of the Product.
Article 9 : Liability
The Seller shall not be held liable in the event that the non-performance of its obligations is attributable either to an unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law. Likewise, the Seller shall not be liable for any inconvenience or damage inherent to the use of the Internet network, in particular interruption of service, external intrusion or presence of computer viruses.
Article 10 : Archiving and evidence
10.1 Any contract concluded with the Customer corresponding to an Order of more than 120 euros (including VAT) shall be archived by the Seller for a period of ten (10) years in accordance with article L.213-1 of the French Consumer Code.
10.2 The Seller agrees to archive this information in order to monitor transactions and to produce a copy of the Contract at the Customer's request.
Article 11 : Intellectual property
The brands of the Products have been registered with the French National Institute of Intellectual Property. Any element relating to the brand present on the Seller's products is protected by copyright or trademark law. Their disclosure shall in no way be interpreted as granting a license or a right of use of any kind of the said protected trademarks and distinctive elements. Any total or partial reproduction is strictly forbidden and is likely to constitute a counterfeiting offence, engaging the responsibility of its authors.
Article 12 : Personal data
12.1 The Seller undertakes to protect the confidentiality of the information provided. The information and data collected by the Seller, responsible for the treatment, are necessary for the follow-up and the execution of the Customer's order. In this context, data may be transmitted to the carriers appointed by the Seller./p>
12.2 In accordance with the provisions in force, the Customer has the right to access, rectify, delete and oppose the use of their personal data. They can also define directives concerning the conservation, deletion and communication of this data after their death.
12.3 The Customer may exercise their right by sending an e-mail or a letter to the following addresses: [email protected] oor to the Seller's postal address, stating "Personal rights" in the subject line and attaching a copy of a proof of identity. The customer may also, if necessary, lodge a complaint with the French National Commission for Data Processing and Liberties (CNIL).
12.4 The Seller informs the Customer of their right to register on the opposition list to telephone canvassing in accordance with article L.223-2 of the Consumer Code.
Article 13 : Severability
13.1 The nullity, invalidity, lack of binding force or unenforceability of any of the provisions of these GTCS shall not entail the nullity, invalidity, lack of binding force or unenforceability of the remaining provisions, which shall retain all their effects.
13.2 If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
13.3 A tolerance concerning the application of any clause of these GTCS may never, regardless of its duration or frequency, be considered as a waiver of the right to demand compliance with it.
Article 14 : Mediation
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Seller adheres to the mediation platform SAS CNPM - Médiation - Consommation whose coordinates are as follows: 27 Avenue de la Libération, 42200 Saint Chamond - www.cnpm-mediation-consommation.eu.After a prior written request from the Customer to the Seller, the Mediation Service may be contacted for any consumer dispute for which a settlement has not been settled.
Article 15 : Applicable law and jurisdiction
15.1 By express agreement between the Parties, these GTCS and the purchase and sale transactions arising from them are governed by French law.
15.2 In the event of a dispute concerning the validity, interpretation, execution or non-execution of these GTCS, the Seller and the Customer undertake to make every effort to resolve it amicably. Any dispute that cannot be resolved amicably between the Seller and the Customer shall be submitted to the competent courts in accordance with the law.