CONDITIONS GENERALES DE VENTE / V 5.4-3
IMPORTANT INFORMATION :
THESE TERMS OF SERVICES (ToS), hereafter referred to as CGV in French, are only an approach of translation in English (using Google trad) of the initial "Conditions Générales de Ventes" same version which are the only one to be taken into account in any case.
It is hereby specified that the present General Terms and Conditions of Sale, hereinafter referred to as GTC, exclusively govern the sales concluded by PreviousTapes, Online Sales Website, part of the services of the SOUND-OVER Association, (Registered office: 33 Bis rue Jules Ferry - 54130 Saint Max - France - SIRET 81217682400017) from buyers wishing to purchase the products offered (www.soundovr.com/PreviousTapes/en):
• new and used editorial products (books, records, videos, DVDs, CD-ROMs, etc.),
• new and used technical products (computer, telephony, photo, sound, high fidelity, etc.) reconditioned if necessary.
These conditions apply to the exclusion of all other conditions. They are accessible at any time on the sales website of the Association and will prevail, as the case may be, on any other version or any other contradictory document. Moreover, the fact for any person (physical or moral) to order on this website implies full acceptance of these Terms and Conditions of Sale, which is expressly acknowledged by the buyer, who waives in particular to take advantage of any contradictory document that would be unenforceable.
In the event that the General Conditions of Sale are modified, the modifications would be binding on the users of the site only as from their online publication and could not apply to transactions concluded previously.
Unless proven otherwise, the data recorded by PreviousTapes, services of the SOUND-OVER Association, constitute proof of all transactions.
Product offers are subject to availability.
Article 1 - Rates
1.1 - The prices of our products are indicated in Euros and all taxes included (the Association does not recover VAT) except participation in the expenses of treatment and forwarding (see Art 5: Deadlines and costs). These rates are firm and non-revisable during their period of validity, as indicated on the site.
They do not include shipping, shipping and delivery charges, which are charged extra. The delivery costs are calculated according to the number of packets necessary for the consignment combined with their weight. These delivery costs are indicated when ordering.
In the event that, exceptionally, an increase in rates appearing on the site would occur after the placing of an order by the buyer, the latter would be entitled to cancel the order on the day of said increase.
The availability of a product is confirmed when placing the order.
1.2 - In case of order from a country other than metropolitan France you are the importer of the product (s) concerned. For all products shipped outside the European Union and DOM-TOM, the final price will be calculated at the time of the transaction. Customs duties, or other local taxes, import duties, state taxes may be payable. These rights and sums are not within the purview of PreviousTapes, services of the SOUND-OVER Association. They will be the responsibility of the buyer and are his sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of his country. He is advised to find out about these aspects from his local authorities.
1.3 - PreviousTapes, services of the SOUND-OVER Association reserves the right to modify its prices at any time. However the products will be invoiced on the basis of the rates in force at the time of the validation of the order.
1.4 - The products remain the property of PreviousTapes, services of the SOUND-OVER Association until full payment of the price.
1.5 - PreviousTapes, services of the SOUND-OVER Association is not intended to sell to professionals, products and services offered are reserved primarily for individuals and / or associations.
Article 2 - Order
You can order:
• On the Internet: www.soundovr.com/PreviousTapes
• by mail: previoustapes@soundovr.com
• by telephone: +033 06 77 85 49 41
The buyer selects on the site the identified products as "new" or "used" that he wishes to order, according to the following terms:
Choose a product and put it in the basket:
By clicking on the desired product it has the possibility to put it in the basket by clicking on "add to cart". Then five (5) steps are required to confirm the purchase:
- Step 1> SUMMARY: Here it is possible to visualize all the products put in the basket. The article numbers, the number of articles, their price are indicated, as well as the postage by article. Click on "ORDER"
- Step 2> CONNECTION The buyer who has not registered yet will not be able to log in. If he wishes, he can register by clicking on "CREATE YOUR ACCOUNT". After creating the account, he can continue to order.
>> ALREADY REGISTERED? - After creating an account, the buyer can easily and quickly place orders online. Thanks to his personal account, he will be able to follow the status of his orders, find his previous orders easily and access the services directly. Click on "ORDER
- Step 3> ADDRESS: On this page it must indicate the desired delivery address and also choose, if necessary a billing address different from the delivery address indicated in step 1. Click on "ORDER"
- Step 4> DELIVERY: On this page he must choose the mode of transport and its amount. Click on "ORDER"
The buyer is requested to read carefully the terms and conditions of sale and accept them by checking the box entitled "I have read the terms and conditions of sale and I adhere to them without reservations". The contractual information is presented in French and in English and will be the subject of a confirmation containing this contractual information at the latest at the time of the validation of order.
- Step 5> PAYMENT: On this page, we display the whole of the current order. It will contain the following information:
• Item (s)
• Shipping
Click on "validation" to finalize the order. After clicking on "validation", the purchase is final and commits your payment.
Article 3 - Validation of the order
Items are shipped only after receipt of payment. An order can be validly refused, especially in the event that there are legitimate reasons to doubt the solvency of the buyer or when the order is not registered correctly, because of a computer system error for example.
In the event that an order is refused, PreviousTapes, Services SOUND-OVER Association communicates the reasons for its refusal to the buyer within ten (10) working days from receipt of the order.
Order validated: The buyer will immediately receive an order confirmation by e-mail. This e-mail is sent to the address indicated in the "my account" section. We find in this e-mail all the details of the order. An order validated at PreviousTapes, services of the SOUND-OVER Association is considered a purchase. The exchange of a product is possible within seven (7) days of delivery. The offers presented in the online store are, in principle, valid as long as they are visible on the website.
The order is considered final after sending an order confirmation considered as proof of purchase. The buyer has a period of ten (10) working days from the placing of the order either to make the payment or to cancel the purchase.
Article 4 - Availability
PreviousTapes works under the aegis of the Sound-Over Association (non-profit association law 1901) and is not intended to sell in large quantities the products offered. As a result, PreviousTapes, services of the SOUND-OVER Association reserves the right to refuse orders for the same product in large quantities and from 3 identical items. Our product offers are valid as long as they are visible on the site, within the limits of available stocks, excluding promotional operations mentioned as such. In the event of unavailability of product after placing the order, the buyer will be informed by email. The order will be automatically canceled and the payment refunded within 48 hours.
Article 5 - Delivery, time and costs
5.1 - General:
The products are delivered to the delivery address indicated during the ordering process, except for the delivery restrictions indicated in the "Conditions of delivery" section. The order is dispatched within 2 working days if it is paid the same day before 19h, four working days if payment by transfer, the working day following the bank confirmation for the payment by check. The delivery time corresponds to the shipping time indicated on the item sheet plus the processing and delivery time. The deadlines are indicated in accordance with the commitments made by the partner carriers. They are indicative for France and other countries and do not presage problems that may cause additional delays, especially outside France, such as customs controls or other specificities relating to countries from which the order is placed and / or must be delivered. When an order presents several products at the same time or when an item requires several packages, it is possible that they have different delivery dates. It will be up to the buyer to check it himself on the carrier's website. Deliveries may consist of several packages containing items to be mounted by the buyer who is required to check the condition of the delivered products. In case of delay or impossibility of delivery beyond fifteen (15) working days that would not result from a case of force majeure as defined by the jurisprudence of the courts, PreviousTapes, services of the Association SOUND-OVER inform the buyer without delay. In this case, the latter may cancel the order by informing of its decision PreviousTapes, services of the SOUND-OVER Association by e-mail or telephone. It will then proceed, within a maximum of fourteen (14) days from the receipt of the cancellation request, the full refund by means of a transfer to bank account or PayPal of the buyer.
The buyer has a period of fourteen (14) calendar days from delivery to issue any reservations or claims for nonconformity or apparent defect of the new products delivered by addressing to PreviousTapes, services of the SOUND-OVER Association a e-mail or phone. After this period and failing to comply with these formalities, the new products will be deemed compliant and free from defect and no claim as such can be validly accepted.
New products delivered whose apparent defects or lack of conformity have been duly proven by the purchaser will be replaced as soon as possible at the expense of PreviousTapes, services of the SOUND-OVER Association.
In any case, in accordance with the legal provisions, in case of late delivery of new products, the buyer has the possibility to resolve the contract under the terms and conditions defined in Article L 138-2 of the Code de la consumption. In this case, if the product has been received after cancellation, the product will be reimbursed and the costs will be paid in accordance with Article L 138-3 of the French Consumer Code.
We invite the buyer to regularly check his order tracking and to contact us with any questions or problems.
5.2 - Deliveries:
As of the assumption of responsibility of the parcel (s) by the carrier (s), no responsibility for deterioration or loss can not be attributable to PreviousTapes, services of the SOUND-OVER Association, deemed to make available one ( packages complying with the requirements of the carrier (s), who accepts it by validating the transport request. The transfer of ownership of the articles sold and the corresponding transfer of the risks of loss and deterioration of said articles are realized as soon as they are put into delivery when the buyer has received notification of the tracking number of the parcel (s), the latter having placed in the appropriate transport network. The deliveries are entrusted to different carriers according to the specificities of routing (characteristics parcels, destination, tariff and conditions of routing) chosen by the purchaser. No refund or against value may be requested by the buyer for damage or loss during delivery, excluding the possible activation of warranty services offered by the carrier underwritten by the buyer.
5.3 - Reservations:
You must immediately notify any reservations about the product (s) delivered to the carrier, for example: damaged package, already opened, in the time and form prescribed by the latter, who remains responsible for the routing . PreviousTapes, services of the SOUND-OVER Association, will receive a copy for information. It is up to the buyer to undertake all his diligence to solve the transport problems with the provider concerned, even if it has sub-contracted his mission and inform the seller who can come to support the claim .
5.4 - Right of withdrawal:
According to article L. 121-20-1 of the Consumer Code, the possibility of returning:
the entire order without penalty, or the products composing it, without having to justify themselves, is offered to the person who places this order on the online store under certain conditions defined below. It has a right of withdrawal also called "right of renunciation" for a period of seven working days from the receipt of the package by it (all shipments are tracked), during which time it will inform, in writing, of his wish to use this possibility with a request for written authorization in return from PreviousTapes, services of the SOUND-OVER Association. (As a reminder, any non-validated return will be systematically refused). She then has seven working days to make the return under identical conditions of packaging and care, with a transport tracking number that she will bring to the attention of PreviousTapes, services of the SOUND-OVER Association as soon as she will know about it herself.
Under these conditions, from the date of the provision of the product(s) of the same order in return to the headquarters of PreviousTapes, services of the SOUND-OVER Association and after verification of compliance with the state of origin of the returned product(s), a refund is made within 30 days. This refund includes the price of the product(s), as well as the outgoing delivery costs in the event of a TOTAL return of the order, made to the exclusive account of the contractor, who will have previously defined the terms of refund, failing which preferably by using the initial means of purchase (electronic payment such as Paypal, bank transfer, check).
Article 6 - Payment
It is recalled that the fact of validating the order implies the obligation to load the buyer to pay the price indicated.
The price is payable in full as of the placing of the order by way of secure payment, according to the following terms:
• PayPal
• Blue card
• Bank Transfer
• check
The deadlines for taking into account the regulation are those mentioned in paragraph 5.1.
Article 7 - Security
All data relating to the order of the buyer and its payment are sent encrypted by the SSL (https) from his computer to the sales site. The presence of a padlock in the address bar or at the bottom of the screen indicates the transition to secure mode.
Article 8 - Guarantees
8.1 Commercial warranty and after-sales service on technical products:
8.2.1 General
In the case of new products and defined as such, the buyer benefits, in accordance with the legal provisions:
- the legal guarantee of conformity,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
It also benefits from the construction warranty for a period of 24 months from the delivery of the article.
Any warranty is excluded in the event of misuse, negligence, lack of maintenance on the part of the buyer and repairs by a person other than the Seller's after-sales service. The guarantee is also excluded in case of normal wear of the property, accident or force majeure as defined by the French case law.
In addition, the guarantee offered is limited to the replacement or refund of non-compliant or defective products.
In order to assert his rights, the buyer must, under pain of forfeiture of any action relating thereto, inform the Seller, by registered letter with acknowledgment of receipt, of the existence of defects within a maximum of eight (8) hours. ) days from their discovery.
The purchaser may possibly benefit, for certain technical products (if specified on the Sound-Over invoice), from a specific commercial guarantee, PreviousTapes, services of the SOUND-OVER Association, in this case for the duration indicated on the invoice ( guarantee described below 8.2.2).
In all cases of guarantee and in order to benefit from the product, it is imperative to keep the purchase invoice for the duration of the latter "at a minimum".
In addition, the products purchased from PreviousTapes, services of the SOUND-OVER Association benefit from technical assistance accessible by email: soundovr@orange.fr
8.2.2 Terms of the Specific Trade Guarantee PreviousTapes, SOUND-OVER Association Services:
The invoice for the purchase of the product is a guarantee (if applicable, then expressly stated on the invoice) and a customs clearance certificate. No duplicate will be issued. Our products are intended for individuals or / and associations for family use and benefit, if specified on the invoice, of a total guarantee (parts and labor) for the duration mentioned excluding:
• Batteries, lamps, telescopic antennas, headphones, microphones, wear of recording heads, reading and diamonds and, more generally, the consumables supplied with the devices;
• data and / or software recorded on the devices;
• damage caused by lightning, electrical surge and / or the use of a defective antenna;
• damage caused by an external cause: lightning, shock, excessive pressure, presence of water and / or sand and / or dust, accident, fluctuation of current, computer virus, oxidation, and more generally all foreign bodies to the apparatus and other causes such as those resulting from abnormal use or contrary to the manufacturer's instructions (as mentioned in the instructions provided) or those expressly described by PreviousTapes, SOUND-OVER Association services in a notice written at this effect;
• Damage caused by any software not originally provided with the devices and the connection of unsupported devices.
• damage to user-owned external devices connected to the device sold by PreviousTapes, SOUND-OVER Association Services
• Any original part considered irreplaceable because of its age and / or its characteristics, making it impossible to return to service
• All transport costs related to the delivery to the workshop of the device in good conditions (only the return to the customer is supported)
8.3 No guarantee of non-compliance may be applicable to "reconditioned" products, which the purchaser implicitly recognizes.
8.4 The "reconditioned" devices proposed on this site are for the most part no longer in production for thirty or more years. The rates quoted are legally considered to reflect an "emotional" value: they take into account the work done for the restoration and the costs necessary for the successful completion of the re-commissioning to the originally planned characteristics (when available) and are essentially determined by the market trend (supply and demand) at the time of sale. Therefore, the guarantee proposed in 8.2.2 can only be fully applied by a return workshop (excluding transport) for correction of the defect under operating conditions "in good father" and re-shipment to the home of the acquirer (transport that PreviousTapes, services of the SOUND-OVER Association supports). As part of the specific commercial warranty mentioned above during its period of validity, if it proved strictly impossible, for any reason, to remedy the defect found in the workshop following return warranty product Refurbished, subject of this paragraph, PreviousTapes, services of the SOUND-OVER Association would proceed to the refund of the purchase.
Article 9 - Customer Service
For any information or question, the email address soundovr@orange.fr remains available. The response time is 48 hours.
Article 10 - Intellectual Property
10.1 - All texts, comments, works, illustrations, works and images reproduced or represented on the website of PreviousTapes, services of the SOUND-OVER Association are strictly reserved under copyright and intellectual property rights and for the whole world. As such and in accordance with the provisions of the Code of Intellectual Property, only the use for private use subject to different or even more restrictive provisions of the Code of Intellectual Property is permitted. Any reproduction or total or partial representation of the site PreviousTapes, services of the Association SOUND-OVER or all or part of the elements found on the site www.soundovr.com and soundovr / PreviousTapes / en is strictly prohibited.
10.2 - The corporate names, trademarks and distinctive signs reproduced on the website PreviousTapes, services of the SOUND-OVER Association are protected by trademark law. Reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.
10.3 - Certain products such as software are the subject of personal and specific rights of use regulating copies, public broadcasts, rentals. The buyer agrees to respect the general conditions of sale of these products and PreviousTapes, services of the SOUND-OVER Association can not be responsible for the uses that could be made of products in this context.
Article 11 - Liability
11.1 - The proposed products comply with the French legislation in force. The responsibility of PreviousTapes, services of the SOUND-OVER Association can not be engaged in case of non-compliance with the legislation of the country where the product is delivered (for example in case of prohibition of a title or a product ). It is up to the buyer to check with the local authorities the possibilities of importing or using the products or services he plans to order. For the record, the transfer of ownership of the items sold and the corresponding transfer of the risks of loss and deterioration of said items are realized as soon as they are put into delivery.
11.2 - Photos are provided for illustrative purposes. The potential purchaser and / or purchaser is invited to refer to the description of each product to know the precise characteristics and in case of doubt, or if he wishes additional information, contact us at 06 77 85 49 41 or by mail to soundovr@orange.fr. PreviousTapes, services of the SOUND-OVER Association is only responsible for the content of the pages it publishes. However, the buyer is solely responsible for the choice of products, their conservation and their use.
11.3 - In case of professional purchases, PreviousTapes, services of the SOUND-OVER Association will incur no liability for any direct or indirect damages due to the present, loss of exploitation, loss of profit, loss of chance, damages or costs, which may arise from the purchase of the products. Our products have performances compatible with professional uses even if PreviousTapes, services of the SOUND-OVER Association is not intended to sell to professionals. PreviousTapes, services of the SOUND-OVER Association can not therefore be held liable for any damage whatsoever resulting from a professional activity.
We remind you that it is prudent to proceed with the backup of any data contained in the products purchased. PreviousTapes Services of the SOUND-OVER Association can not be responsible for any loss of data, files, or damage defined in the previous paragraph. The total or partial inability to use the products, particularly due to incompatibility of equipment, can not give rise to any compensation or reimbursement by the SOUND-OVER Association. Likewise, PreviousTapes services of the SOUND-OVER Association can not in any way be held liable for damages resulting from improper use of the device and / or the product by the buyer.
Article 12 - Applicable Law - Disputes - Claims Processing
These general conditions of sale are governed by French law. This contract is subject to French law. The language of this contract is the French language, any translation into another language can not lend itself to any interpretation.
12.1 - The SOUND-OVER Association is responsible for the proper performance of the obligations resulting from the distance contract, whether these obligations are to be performed by itself or by other service providers, without prejudice to its recourse against such this.
However, PreviousTapes, services of the SOUND-OVER Association may be exempted from all or part of its responsibility by providing proof that the non-performance or improper performance of the contract is attributable either to the buyer or to the unpredictable event and insurmountable of a third party to this contract, ie to a case of force majeure as defined by the jurisprudence of the French courts.
12.2 - Dispute Resolution: In case of dispute we strongly encourage you to contact us first to find a solution. We will consider reasonable requests for dispute resolution through alternative procedures, such as mediation or arbitration, and alternatives to court proceedings. The European Commission is providing European consumers with an online dispute resolution platform to resolve an amicable dispute (Article 14 (1) of EU Regulation 524/2013). Consumers can submit a complaint from the following link: http://ec.europa.eu/consumers/odr/.) Users acting as professionals accept that any claim or dispute they have against PreviousTapes, services of the SOUND-OVER Association is solved by a court located in France, close to the home of the Association.
For any complaint please contact customer service at the following address: PreviousTapes, SOUND-OVER online sales website - 33 Bis rue Jules Ferry - 54130 Saint Max - FRANCE
In case of dispute, the French courts will be competent.
Article 13 - Personal data
Personal information and personal data are required for order management and commercial relations. They can be transmitted by PreviousTapes, services of the Association SOUND-OVER, Internet sales site of the Association, to companies that contribute to these relationships, such as those normally responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations as well as to improve and personalize the services offered and the information provided.
Privacy Policy: This site is in compliance with European legislation which requires the prior consent of the visitor to deposit on our machine our cookies. When browsing, our site (and potential partners) may be required to place cookies and / or register the IP address on the user's computer. navigation on our site and is necessary for its proper functioning.If the user objects to the registration of cookies, it is up to him to configure his browser accordingly but he exposes himself, in this case, no longer able use our services optimally In accordance with the Data Protection Act of January 6, 1978, you have a right to access, rectify and oppose personal data about you.Please write to us online previoustapes@soundovr.com or by mail to PreviousTapes SOUND-OVER - 33 Bis rue Jules Ferry - 54130 Saint Max - FRANCE by giving us your name, first name, e-mail address and if possible your order reference. In force, your application must be signed and accompanied by a photocopy of an identity card bearing your signature and specify the address to which the reply must be sent to you. This will be sent to you within 2 months of receiving the request. Information on the existence of a list of opposition to canvassing:
Your telephone number is collected during the placing of your order : we inform you that your telephone number will be used only for the proper execution of your orders. Without prejudice to the foregoing, in accordance with the legal provisions, you are informed that you may, if you wish, register for free on the list of opposition to the solicitation by telephone which is binding on all professionals, except for those with whom you have already concluded a contract.
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