Recital-Audio is a limited liability company whose head office is located at 1 rue Gambrinus 67190 Mutzig. RECITAL-AUDIO _ ALEXAUDIO is registered with the RCS of Saverne under the number TI 539 990 861.
Phone number: 0686420330
Intra-community VAT : FR39539990861
Siret : 539 990 861 00020
Manager : Alexandre CHAMAGNE
Host : OVH, 2 rue Kellermann – 59100 Roubaix – France.
SCOPE OF APPLICATION
These general terms and conditions of sale (“GTC”) are applicable to all sales made by the Seller to consumers on the Site. The customer acknowledges having the capacity required to contract and acquire the products offered on the Site.
The customer agrees that the information requested for the conclusion of the contract or sent during its execution may be transmitted electronically.
The GTC are available on the Seller’s website; they can be modified at any time and without notice by the Seller, the modifications being then applicable to all subsequent orders. The applicable GTC are those in force at the date of the order.
The essential characteristics of the products are presented on the Site; the article sheets are written on the basis of the elements transmitted by the manufacturers. The Seller can at any time update, improve its product sheets, withdraw its products from sale.
When the Seller is informed by the manufacturer of the duration of availability on the market of the spare parts essential to the use of the good, it shall inform the customer.
The product offers are valid as long as they are visible on the site, within the limits of available stocks.
Any abnormal or bad faith order, any fraud or attempted fraud, any incident of payment of the price of an order may result in the deletion and/or deactivation of the customer account concerned and/or the refusal of the order.
The different steps to follow to conclude the contract electronically are the following:
Selection of products in the basket
Creation of a customer account
Validation of the order
Identification via the customer account
Checking the order and correcting any errors
Confirmation of the order
Acceptance of the T&Cs
Payment of the order
The contractual information is confirmed by sending an automatically generated email to the email address provided when creating the customer account.
The technical means by which the user can identify and correct data entry errors prior to the conclusion of the contract are as follows: modification of the shopping cart, modification of the billing and delivery addresses when ordering, modification of the order before payment.
The products are sold at the prices in force appearing on the Site www.alexaudio.fr at the time of the recording of the order by the Salesman. The prices are indicated in euros, all taxes included, excluding delivery costs. The amount of the delivery costs is automatically calculated according to each order and appears on the summary of the order, before the payment.
Any order delivered outside of metropolitan France may be subject to local taxes, customs duties, octroi de mer and customs clearance fees upon delivery. Payment is the responsibility of the customer.
The products remain the property of the Seller until full payment of the price.
The price is payable in cash, in full, on the day the order is placed. The accepted means of payment are: credit card (Visa, CB, Mastercard), bank transfer, PayPal.
Any payment made to Seller shall not be considered a deposit.
In the framework of the fight against fraud, the Seller may ask the customer for supporting documents; in the absence of receipt of these documents or in the event of receipt of documents deemed to be non-compliant, the order may be cancelled and the account blocked.
Delivery restrictions are indicated at the latest at the beginning of the order process. It is the customer’s responsibility to check with the local authorities in his or her country for any restrictions on the import or use of the products or services he or she intends to order.
The Seller shall deliver the goods or provide the service on the date or within the time specified to the consumer, unless the parties have agreed otherwise. If the date of delivery or performance is not specified or agreed upon, the Seller shall deliver the goods or perform the service without undue delay and no later than thirty days after the conclusion of the contract. Delivery means the transfer to the consumer of physical possession or control of the goods.
In case of unavailability of the good or in case of failure of the Seller to fulfill his obligation of delivery, the customer can obtain the reimbursement of the price of the product under the conditions provided for in article L216-2 and following of the consumer code.
It is recalled that any risk of loss or damage to the goods is transferred to the consumer at the time when the latter or a third party designated by him, and other than the carrier proposed by the trader, takes physical possession of these goods.
In case of partial loss or damage, the recipient of the shipment must note the loss and/or damage at the time of delivery by specifying on the paper delivery note or the electronic transport title on the computer terminal with which the driver or the Pickup Relay is equipped, depending on the product concerned, precise, complete, quantified, dated and signed reservations.
For domestic shipments, it is the responsibility of the recipient to confirm such reservations by notifying DPD’s dedicated customer service (the “Customer Service”) of a reasoned protest by registered letter with acknowledgement of receipt in order to complete the reservations made at the time of delivery, specifying in a clear and precise manner the exact nature and quantum of the loss or damage at the latest within three (3) working days (not counting Sundays and holidays, following the day of receipt), as from the delivery. In any case, it is the customer’s responsibility to contact the Seller immediately.
RIGHT OF WITHDRAWAL
Withdrawal period – In accordance with the provisions of Articles L221-18 and following of the Consumer Code, the customer has a withdrawal period of 14 days from the day when the buyer, or a third party other than the carrier and designated by him, takes physical possession of the goods. The delay is extended to 30 days for the entire HEFA range. For orders involving several goods delivered separately, the withdrawal period runs from the day when the buyer, or a third party other than the carrier and designated by him, takes physical possession of the last good.
Notification of withdrawal – In order to exercise the right of withdrawal, the customer must notify the Seller of his decision to withdraw in an unambiguous statement; he may use the attached standard form.
Return of products – From the notification of his withdrawal, the customer has a period of 14 days to return the goods to the Seller, at the address indicated to him. The customer’s responsibility can be engaged in case of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of these goods.
Refunds – The Seller will refund all payments received from the sale. The Seller shall proceed with the refund within 14 days following the notification of the withdrawal using the same means of payment as the one used for the initial transaction, unless the customer expressly agrees to the use of a different means. Seller may defer refund until receipt of the goods or until receipt of proof of shipment of the goods, whichever occurs first.
Exclusions – The right of withdrawal is excluded for the products and services listed in article L.221-28 of the French Consumer Code.
SELLER’S COMMERCIAL WARRANTY
Any product supplied by the Seller with a proven manufacturing defect may be exchanged for a new equivalent product if the Customer so requests within 24 hours of receipt of the Order.
The commercial guarantee of the Seller does not prevent the benefit of the legal guarantee of the hidden defects on the sold products and the legal guarantee of the defects of conformity of the goods to the contract, according to the provisions of articles 1641 to 1648 and 2232 of the civil code.
Legal guarantee of conformity
Article L217-4: The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, if the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5: The goods conform to the contract:
1° If it is fit for the use usually expected of a similar good and, if necessary : – if it corresponds to the description given by the salesman and has the qualities which this one presented to the purchaser in the form of sample or model;- if it presents the qualities which a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-7: Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-9: In case of lack of conformity, the buyer chooses between repairing or replacing the goods.
However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L217-10: If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.
The same faculty is open to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
2° Or if this solution cannot be done without major inconvenience to the client, given the nature of the property and the use he is seeking.
However, the sale cannot be cancelled if the lack of conformity is minor.
Article L217-12: The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or the repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period starts from the date of the buyer’s request for intervention or from the time the goods are made available for repair, if this is later than the request for intervention.
Legal guarantee of hidden defects on the products sold
Article 1641 of the Civil Code: The seller is bound by the warranty for latent defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known about them.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
DATA PROCESSING AND FREEDOMS
The Seller collects personal information about the customer. The purpose of this information is, in particular, to manage customers, to prospect, to draw up commercial statistics, to manage requests for access, rectification and opposition rights, to manage unpaid bills and disputes, to manage promotional operations and to manage notices. This data may be communicated to any of the Vendor’s partners responsible for the execution, processing, management and payment of orders. This data may be used to send information and promotional offers from the Seller, which the customer can unsubscribe from at any time. In accordance with the provisions of the Data Protection Act of January 6, 1978 (amended by the Act of August 6, 2004 on the protection of individuals with regard to the processing of personal data), the customer has a right of access, rectification or opposition on his personal data collected. These rights can be exercised by writing to : Recital-Audio_ Alexaudio SARL, tremplin entreprise, 67190 Mutzig.
WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)
The Seller shall take back free of charge, or have taken back free of charge on its behalf, the used electrical and electronic equipment that the consumer discards, within the limits of the quantity and type of equipment sold. To do so, contact the Seller. The customer is informed of – the obligation not to dispose of WEEE with household waste, – that there are collection systems available, – the potential effects of hazardous substances in EEE on the environment and human health. The customer is informed of the unit costs incurred for the disposal of historical WEEE through the eco-contribution.
EVIDENCE AND ARCHIVING
The computerized records of the Seller shall be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. The Seller archives the order forms and invoices on its servers (a copy can be delivered to you on request with payment of the reproduction costs).
APPLICABLE LAW AND LITIGATION
French law is applicable without precluding the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign court seized by a consumer in the corresponding country.
In case of dispute, the customer is informed that he can resort to conventional mediation or any alternative method of dispute resolution. The consumer is also informed of the existence of the platform put online by the European Commission, which aims to collect any complaints from European consumers following an online purchase and then forward the cases received to the competent national mediators: http://ec.europa.eu/consumers/odr/.
LEGAL NOTICE AND DATA PROTECTION
Please see the Legal Notice and Data Protection page.
Sample withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of : Recital-Audio, tremplin entreprise, 67190 Mutzig.
I/We* hereby notify you of my/our* withdrawal from the contract for the sale of the following goods.
Customer number :
Order number :
Ordered on*/Received on* :
*Remove as appropriate