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Guitar Sound Systems (GSS) general terms and conditions

General Sales Terms and Conditions


The online store located at www.guitarsoundsystems.com has been built and is managed by Guitar Sound Systems company, incorporated in Toulouse France, under French Siret file number 801 560681 00018, with head offices domiciliated 26, rue Noel Serrani in Fonsorbes, France.

The current document describes the rights and obligations of Guitar Sound Systems company and its Customer, notably concerning on line sales of guitar and bass guitar amplifiers and accessories for musicians (hereafter designated as products).

Guitar Sound Systems reserves the right to modify these sales terms and conditions at any time. Applicable terms and conditions are the ones published at the time the purchase order is issued.

Product sales is available to individuals, persons over the age of majority or persons under the age of majority owning a letter of parental consent specifically aimed at ordering products on www.guitarsoundsystems.com web site.

1.       Acceptance
Any purchase order issued to Guitar Sound Systems implies full and unconditional acceptance by the customer of the general sales terms and conditions set forth in this agreement.  As a consequence, no objection to these terms and conditions shall take force without prior written consent of Guitar Sound Systems. The customer notably declares to be fully aware of and to fully accept the terms and conditions described in this document prior to issuance and validation of his purchase order.

Unless evidence of the contrary is provided, data recorded by Guitar Sound Systems form the unique proof for the entire transactions recorded between Guitar Sound Systems and its customers. 

2.        Price
Applicable product prices are the ones in force at the time the purchase order is issued.

Prices of products delivered in mainland France and inside the E.E.C. are stated in Euro, All Taxes Included and Excluding Taxes, notably ecotaxes, exclusive of any participation to packing and order processing charges (see paragraph 5 below).

Waste Electronic and Electrical Equipment tax is invoiced free of any margin and free of any discount over the product price, as defined in the july 20, 2005 decree. It is invoiced based on the current rate applicable on the delivery date, notably whenever this taxí rate changes between purchase order and delivery date.

Prices of products delivered in the French Overseas Departments and Territories and outside the E.E.C. are stated in Euro, excluding Taxes, exclusive of any participation to packing and order processing charges. Applicable VAT, Customs Taxes and any other form of tax is entirely owned and paid by the customer to local fiscal and customs authorities.

The customer expressly acknowledges the right to charge him an order processing, packing and shipment fee.

Product delivery does not include any complementary service for product unpacking, setting, nor any user training. Guitar Sound Systems shall have no obligation to take back the customerís previous equipment.

Any change in the VAT rate or any change in any other tax rate applicable to Guitar Sound Systemsí products will generate immediate adjustment.

Guitar Sound Systems reserves the right to change its prices at any time. However, the company undertakes to invoice any product in backlog at the price indicated upon purchase order acknowledgment.

The product remains Guitar Sound Systemsí property until it is fully paid for.

3.       Payment
Invoices are payable on line, by bank transfer, by credit card through a secured transaction system, or via PayPal.

Bank transfer and PayPal payments descriptions have to mention purchase order number.

Guitar Sound Systems reserves the right to cancel any purchase order that would be issued by a customer showing history of a trade dispute. 

4.       Purchase Order confirmation and validation
Guitar Sound System will send E-Mail confirmation within 72 hours showing Purchase Order acceptance using the E-Mail address provided with the Purchase Order.

The customer is solely responsible for the information provided with the Purchase Order. As a result, Guitar Sound Systems shall not be held responsible for the inability to deliver any ordered product.

Any Purchase Order cancellation requires prior written consent from Guitar Sound Systems. The same requirement applies to any potential refund.

The information recorded by Guitar Sound Systems during the Purchase Order and payments processes is the only one valid in the event of a dispute.

Guitar Sound Systems reserves the right to cancel any Purchase Order  for any reason, notably if shipping information is missing. The customer will then receive notification from Guitar Sound Systems at the E-Mail address he has provided.

5.       Shipment

a-     
Lead time:

Any incoming Purchase Order is processed within 7 business days from the day Purchase Order confirmation is sent by Guitar Sound Systems. Delivery time is defined by postal services (typically 4-8 business days for international shipments). Guitar Sound Systems will not held responsible for any delivery delay or issue.

Products are shipped to the address specified by the customer on the purchase order. Products travel at customersí sole risk. The customer is responsible for checking product packaging at the time of delivery.

Products are shipped depending on inventory availability.

Any claim concerning product replacement or refund has to be sent to Guitar Sound Systems in writing within 3 days from delivery date. The customer bears all return expenses.

Refunds are processed either through bank transfer on the customerís bank account or by check made out to the customerís name and sent to the customerís ship to address specified during the Purchase Order process.

Scheduled shipments may take place in the case several products are ordered and some are not available for immediate shipment. In this event, the customer will only pay for one shipment fee.

Any product is recognized as delivered when the customer receives it. In the event of the customer being away at delivery time, product will be responsible for picking up the product at the postal servicesí local offices within two weeks.

If necessary, a carrier may be selected as the best shipment option. In such case, the carrier will deliver the product(s) at the address specified on the Purchase Order. The carrier will be solely responsible for setting an appointment with the customer to deliver the product(s).  In no event will Guitar Sound Systems be held responsible for any delivery delay due to absence or unavailability of the customer.

In the case it would be unable to fill the order within 60 days from Purchase confirmation by Guitar Sound Systems, Guitar Sound Systems will promptly inform the customer through E-Mail and will propose an adequate refund.

In no event will Guitar Sound Systems ever take any late charge. 

b-      Shipment terms:
The ordered product(s) is (are) shipped through "tracked ColissimoĒ requiring signature. All shipping costs are charged on top of product(s) price(s).

Concerning international shipments, the customer will take all necessary precautions to timely pay any customs duties, export taxes and any other local taxes which may apply in the destination county of the product(s) shipped. Guitar Sound Systems will not take any accountability in the payment of these taxes.

6.       Withdrawal period
The customerís right of withdrawal (exclusively non-professional individuals) for a period of up to 14 business days from the delivery date according to the French legal provisions fully applies. Return costs and original shipping cost to any location outside of Metropolitan France are not refunded.

The shipping date is evidenced by post marks or courier dated prints.

In no event will Guitar Sound System accept cash on delivery.

The customer MUST send Guitar Sound Systems an E-Mail and gather confirmation in return PRIOR TO ARRANGING ANY SHIPMENT.

Product must be shipped back in its original condition, within its original and complete package including accessories, with its usersí manual, other documents if any and its invoice, to Guitar Sound Systemsí headquarter office.

Custom made products can neither be swapped, nor refunded.

Product replacement or refund will take place within 14 days following the reception and complete inspection of the product by Guitar Sound Systems.

Guitar Sound Systems reserves the right to choose the most appropriate refund method. Check based refunds will be mailed to the invoicing address mentioned in the purchase order.

Product sets returned in inappropriate condition (see above for details) will not be accepted. In this case, product sets will be made available to the customer in Guitar Sound Systemís premises.

Guitar Sound Systems will keep its customer informed via Telephone or E-Mail.

7.       Intellectual Property
All text, visual elements, sounds, documents, drawings, works of art, images and videos reproduced or represented on Guitar Sound Systemís Web site are and remain its exclusive intellectual property in the entire world.

All reproduction, operation, exploitation or use of any sort of above mentioned Web site elements is strictly prohibited, subject to criminal proceedings.

Any electronic link to the Web site is prohibited without prior written consent from Guitar Sound Systems.  

8.       Responsibility
Guitar Sound Systemsí responsibility is strictly limited to the value of the ordered product at the time it has been ordered.

Guitar Sound Systems is not accountable by any mean in material damages, immaterial damages or physical damages due to the lost or inappropriate use or deterioration of the ordered product.

The customer is invited to fully read the userís manual to learn and understand its specific features.

Product features may change on regular basis with no prior notice. The customer is offered the possibility to confirm product features with Guitar Sound Systems prior to issuing any purchase order.

Guitar Sound Systems is using best efforts to publish high quality product pictures. However, perfect match between the product ordered and Web site pictures is not guaranteed. All pictures representing Guitar Sound Systemsí products are therefore non-binding and notably colors and material aspects are not binding due to the influence of illumination, screen resolution, ÖThe customer will in no event hold Guitar Sound Systems accountable on product pictures.

The customer is solely responsible for the decision to buy a product from Guitar Sound Systems. Total or partial inability to use a product, notably for product mismatch reason, does not set any customer to expect any refund, compensation, or to hold Guitar Sound Systemís accountable, except in the specific cases of a hidden defect found, non-conformity, or during the withdrawal period.

Guitar Sound Systems will not be accountable in case of disrespect of the laws and regulations of countries ordered products were shipped to.

Guitar Sound Systems is not liable notably when a product is ordered on its Web site from a foreign country. The customer is fully in charge of verifying import and use restrictions with local authorities. The customer has to comply with all applicable local regulations.

Guitar Sound Systems is only subject to best-endeavors concerning its online sales activity. In no event is Guitar Sound Systemís liable for any damage resulting from the use of the Internet (loss of data, intrusion, virus, service interruption and any other unintentional  issue).

9.       Force majeure
Guitar Sound System shall not be held responsible for failure or delay in its performance and obligations as defined in the present document if such delay or failure is impeded by a Force majeure event which shall include but not be limited to acts of God, robbery, fire, flooding, any other natural disaster, energy supply failure or breakdown, Internet Access failure or breakdown, raw material shortage, war, embargo or requisition, contagious diseases and quarantine, government acts and intervention, riots, total or partial strike of any nature preventing partial or total execution of the purchase order such as transport strikes, postal services strikesÖ

In such case, the relevant party shall promptly notify the other in writing within a maximum of eight (8) days.

If such delay or failure is not resolved within thirty (30) days, either party has the right to terminate the agreement and related purchase order work by mutual consent of the parties.

10.   Warranty

a-     
Guarantee of compliance and guarantee against hidden defect
Legal guarantee of compliance is set under articles L 211-4, L 211-5, L 211-7, L 211-8, L 211-11 et L 211-12 of the French commercial code.

Guarantee against hidden defect is set in articles 1641 to 1649 of the French civil code.

Actions based on legal guarantee of compliance and guarantee against hidden defect lapse two years from the product delivery date.

b-      Contractual Warranty
Alongside above described legal guarantees, Guitar Sound Systems offers a two year contractual warranty to all its customers.

This warranty shall automatically become null and void if the model name and/or serial number written on the product is partially or totally erased, or modified.

This warranty only applies upon presentation during the warranty period of the original product invoice in good shape. In any other cases, notably if an incomplete or unreadable document is presented,  free of charge application of the warranty will be systematically declined.
This warranty does not cover:
Replacement of consumables (batteries, fuses, protection grids, cables, feet, screws, potentiometer buttons and switchesÖ)
- Loudspeakers
- Connectors
- Accessories unless otherwise specified
- Misuse causing any deterioration(s), or physical or aesthetic modification(s), either minor or deep.
- Use of any cleaning substance or method that is not recommended in the userís manual
- Incorrect installation or misuse of the product vs. its userís manual
- Incorrect installation or misuse of the product vs. local standards and regulations of the country where the product is stored or installed or used
- Damages due to total or partial disassembly of the product
- Damages due to modifications or adaptions made without prior written approval from Guitar Sound Systems, and notably any modification or adaption aimed at ensuring compliance national or local standards
- Damages due to the intervention of a non-Guitar Sound Systems approved maintenance technician
- Damages resulting from an external cause to the product (for example: accident, negligence, impact, dropping, electrical shock, lightning, high heat, fire, liquids, chemical products and other substances, flooding, intensive sun exposure or weathering, storage or use in a humid environment, fluid and/or particles projection, dumping, vibrations, failure or fluctuation of electrical power, use of any excessive or inappropriate power supply, electromagnetic interference, radiations,Ö)

The customer shall contact Guitar Sound Systemsí after-sales services via E-Mail prior to applying of the warranty.

Guitar Sound Systems does not warranty professional use of its products.

Any further liability and any further indemnification for any possible reason is excluded.

11.   Personal data
Personal information collected are essential to purchase orders processing. This type of data may be transmitted to third parties in charge of purchase ordersí management and/or means of payment. This data is also stored for security reasons to fulfill legal and regulatory obligations. It also contributes to Guitar Sound Systemsí products and services evolution.

According to the French Data Protection law of January 6th, 1978, any customer has the right to access, rectify, modify and delete all data which is related to him. This right may be exercised through addressing a detailed mail to the attention of Guitar Sound Systems.

12.   Jurisdiction & Governing law
The current General Sales Terms and Conditions shall be governed by and construed in accordance with the French law.

If a dispute would arise, the customer shall contact Guitar Sound Systems promptly and request an amicable solution.

The commercial court of Toulouse, France has sole competence in the event of any dispute or disagreement related thereto, regardless of product delivery place, notwithstanding plurality of defendants and recourse in warranty.

The parties agree that the rules of arbitration are the ones defined by the International Chamber of Commerce.

Date: june 30 ,2014