General terms and conditions of sale for products sold on the AirVibes-Music label website: www.airvibes-music.com
SAS AirVibes- Music (AVM)
15, rue de la farigoule 34 920 Le Crès-France
Phone: +33 609 403 849
Siret: 91749511100010
Intra-Community VAT: FR56917495111
ARTICLE 1: PURPOSE
The present conditions govern the sales of AirVibes-Music: sale of phonographic, sound and/or visual recording products (CD, vinyl, DVD…) and accessories (merchandising) on the AirVibes-Music label website: www.airvibes-music.com
ARTICLE 2: PRICES
The prices of our products are indicated in euros (€) all taxes included (TTC), except contrary indication and except expenses of treatment and forwarding. In the case of orders to territories other than metropolitan France and the French overseas territories, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the AirVibes-Music company. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the authorities and competent bodies in your country. We advise you to check with your local authorities.
All orders, whatever their origin, are payable in euros (€).
AirVibes-Music reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to its availability. Products remain the property of AirVibes-Music until full payment of the order.
Please note that as soon as the order is shipped by AirVibes-Music, the risk of loss or damage to the products is transferred to the carrier. As soon as you take physical possession of the products ordered, the risk of loss or damage to the products passes to you.
ARTICLE 3: ORDERS
You can order on the AirVibes-Music website: www.airvibes-music.com
Contractual information is presented in French and will be confirmed at the latest when your order is validated.
AirVibes-Music reserves the right not to register a payment and not to confirm an order for any reason whatsoever, in particular in the event of a supply problem, or in the event of difficulty concerning the order received.
ARTICLE 4: VALIDATING YOUR ORDER
Any order placed on the www.airvibes-music.com website implies acceptance of these General Terms and Conditions of Sale (GTCS). By confirming your order, you agree to be bound by the terms and conditions presented on this page, without exception or reservation.
All data provided and the order confirmation recorded will be considered as proof of the transaction.
You declare that you are fully aware of this.
Confirmation of the order will constitute signature and acceptance of the operations carried out.
A summary of your order information and of these General Terms and Conditions of Sale (GTCS) will be sent to you via your order confirmation email address.
ARTICLE 5: PAYMENT
The fact of validating your order implies for you the obligation to pay the indicated price.
You can pay for your purchases by :
- Credit cards issued by the CB networks: VISA and MASTERCARD via the Stripe platform
ARTICLE 6: RETRACTION
In accordance with the provisions of article L.121-21 of the French Consumer Code, you have 14 days from receipt of your products to exercise your right of withdrawal without having to justify your decision or pay any penalty.
Returns must be in their original condition and complete (packaging, accessories, instructions, etc.). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may defeat the right of withdrawal.
You are responsible for return shipping costs.
In the event of exercising the right of withdrawal, AirVibes-Music will reimburse the sums paid, within 30 days of notification of your request, accompanied by the products concerned and using the same means of payment as that used for the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to :
- The supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express consent of the consumer and express waiver of his right of withdrawal;
- The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- The supply of goods made to the consumer’s specifications or clearly personalized;
- The supply of goods liable to deteriorate or expire rapidly;
- The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
- The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- Transactions concluded at a public auction ;
- The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.
ARTICLE 7: AVAILABILITY
Our products are offered as long as they are visible on the site and within the limits of available stocks. For products not in stock, our offers are subject to availability from our suppliers. If a product is unavailable after you have placed your order, we will inform you by e-mail. Your order will be automatically cancelled and no bank debit will be made.
In addition, www.airvibes-music.com is not intended to sell its products in large quantities. AirVibes- Music therefore reserves the right to refuse orders for 99 identical items.
ARTICLE 8: DELIVERY
Products are delivered to the delivery address indicated during the order process, within the time indicated on the order confirmation page. In accordance with legal provisions, in the event of late delivery, you have the right to cancel the order under the terms and conditions defined in article L 138-2 of the French Consumer Code.
Delivery time: between 3 and 10 days for France.
ARTICLE 9: WARRANTY
All our products are covered by the legal warranty of conformity and the warranty against hidden defects, as provided for in articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded.
All claims, requests for exchange or refund must be made via the website contact form or by email to airvibesmusic@gmail.com within 30 days of receipt of order.
Products must be returned to us in the condition in which you received them, with all components (packaging, accessories, instructions, etc.). Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
The provisions of this article do not prevent you from benefiting from the right of withdrawal provided for in article 6.
ARTICLE 10: LIABILITY
The products offered comply with current French legislation. AirVibes-Music shall not be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities about the possibility of importing or using the products or services you intend to order.
Furthermore, AirVibes-Music cannot be held responsible for any damage resulting from misuse of the product purchased.
Finally, AirVibes-Music cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.
ARTICLE 11: APPLICABLE LAW IN THE EVENT OF DISPUTES
These conditions of sale are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
ARTICLE 12: OWNERSHIPÉ INTELLECTUAL
All elements of the AirVibes- Music site are and remain the exclusive intellectual property of AirVibes- Music. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple or hypertext link is strictly forbidden without the express prior consent of AirVibes-Music.
ARTICLE 13: DATAÉPERSONAL DATA
AirVibes- Music reserves the right to collect personal information about you. They are required to process your order and improve the services and information we send you.
It may also be transmitted to companies that contribute to this relationship, such as those in charge of executing services and orders for their management, execution, processing and payment.
This information and data is also stored for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and object to any personal information and data concerning you, directly via the site’s contact form or by email to: airvibesmusic@gmail.com.
ARTICLE 14: ARCHIVING PROOF
AirVibes- Music will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the French Civil Code. The computerized records of AirVibes-Music will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
ARTICLE 15: COMPLAINTS AND CLAIMS‘INFORMATION
If you have a question or complaint about your order, please contact us via the contact form on the website or by email at airvibesmusic@gmail.com. As email communications are not 100% secure, please do not include any confidential information in your email (such as a credit card number).
ARTICLE 16: INVOICING
A paper invoice will be sent with your order. If you would like to receive a dematerialized version of your invoice, please send us a request via the website contact form or by email to airvibesmusic@gmail.com, indicating your order number.
