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 tax’ 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
customer’s previous equipment.
Any change in the VAT
rate or any change in any other tax rate applicable to Guitar Sound Systems’
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 Systems’ 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 customers’ 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 customer’s
bank account or by check made out to the customer’s name and sent to the
customer’s 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 services’ 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 Colissimo”
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 customer’s 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 users’ manual, other documents if any and its
invoice, to Guitar Sound Systems’ 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
System’s 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 System’s 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 Systems’
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 user’s 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 Systems’ products are therefore non-binding
and notably colors and material aspects are not binding due to the influence of
illumination, screen resolution, …The 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 System’s 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 System’s 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 strikes…
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 switches…)
- 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 user’s
manual
- Incorrect
installation or misuse of the product vs. its user’s 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,…)
The
customer shall contact Guitar Sound Systems’ 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 orders’ 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 Systems’
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