These general terms and conditions of sale (hereinafter "Terms") apply to Orders that are generated from the online sale of "merchandising" products that are offered by the Company in particular in e-shops created by artists and can be accessed from their personal pages and/or websites dedicated (hereinafter the "Service").
1 – DEFINITIONS
“Client”: legal or natural person, at least 18 years old, entered in the Service and making the online purchase of Product(s).
“Order”: any purchase of product(s) made from the Service by the Client.
“Client Account”: account created by a Client from the Service and enabling him/her to access his/her identification data, to follow his/her Orders and view the payment history.
“Company”: DIFY GROUP, 17 bis, ZA LA GAUDIERE 35220 CHATEAUBOURG, SAS with a capital of 336,300 Euros, registered with the RCS Rennes under no. 492 539 523, Intra-community VAT no.: FR24492539523.
“Products”: physical “merchandising” products (such as clothing, goodies etc.) reproducing personalized content related to a group or an artist as well as any physical storage medium such as a CD or DVD and/or any other type of product that the Company would be involved in marketing within the Service.
“Customer Service”: service made available to the Customer by the Company from Monday to Friday from 9am to 7pm and for processing, via the “Order Details” of their Customer Account, or by mail to the following address: 17 bis, ZA LA GAUDIERE 35220 CHATEAUBOURG, for all potential claims from Customers.
2 – APPLICATION OF TERMS
These Terms enter into effect as soon as the Customer places an Order within the conditions of Section 4 below. The Customer is therefore committed to review these Terms and validate them, before each command by checking, in accordance with Article 4.2, the box provided for this purpose.
These Terms that the Company reserves the right to modify at any time prevail, except for special conditions issued by the Company, over any other documents or conditions that the Customer expressly declares to know and accept.
Only the TOS version that is online at the time the Customer places an Order, pursuant to Article 4.2, applies between the Company and the Customer.
3 – CREATION OF A CUSTOMER ACCOUNT
3.1 Access to the Service requires prior registration from the Customer on the form that is made available during his/her first connection and completed in order to place an Order from the Service.
As part of the registration, the Customer provides the Company with the following identifying elements:
- Last name/First name/Company name
- Shipping address/Billing address
3.2 The duly completed registration request is transmitted to the Company who acknowledges receipt by email and enables the activation of a Client Account.
3.3 The Customer is solely responsible for the confidentiality of his/her password and user ID as well as any Order placed through his/her Customer Account. The Customer also agrees that the information provided as part of the registration process is accurate, complete and updated regularly from his/her Customer Account.
4 – ORDERS
4.1 Orders can be placed from any location in the world. The entire Order made by a customer residing outside of French territory will be treated in accordance with these Terms and is subject to the laws otherwise applicable in the country where the Customer places the Order resides.
4.2 To place an order, the Customer shall observe the following procedure:
- select his/her products (by entering the size and desired amounts);
- identify him/herself in the Service by connecting to his/her Customer Account;
- view the Order summary (displaying the details of the prices of each product and the total price of the order);
- select the method of delivery;
- validate his/her Order by clicking the "Order validation" link;
- finalize with process by clicking on the "payment confirmation" link or any other link indicating that the placement of an order requires payment.
The Customer has, provided he has not yet confirmed payment, the opportunity to return at any time to the choice of his Products, to correct any eventual errors committed in the placement of his Order and/or to modify all or part of his identification data (including billing and/or shipping addresses).
Every payment confirmation requires the acceptance of these Terms that the Client agrees to accept, after being made entirely aware of them, by checking the box provided for this purpose.
4.3 Payment of the Order is made by credit card (Visa, American Express, Master Card, other credit cards) or any other method of secure online payment and indicated to the Customer.
All Orders are debited by the Company prior to shipment.
4.4 A confirmation email is sent to the Customer upon collection of the payment and verification by the Company of the availability of the product inventory.
Sending of e-mail confirmation by the Company definitively confirms the Customer's Order. However, and if for any reason, the Company is not able to fulfill an order, it will notify the Customer by e-mail as soon as possible and proceed to offer a refund provided that it has collected that amount to refund.
4.5 The Order confirmation e-mail that the Company reviews pursuant to this Article 4 to the Customer contains a link to login to his/her account in order to download the format of his bill, as well as the version of the Terms in force at the date of validation, pursuant to Article 4.2 of the Customer's Order. This email also indicates an estimated delivery date.
5 – PRICE
The price is indicated in euros all taxes included (including processing and shipping costs).
The Company reserves the right to modify its prices at any time.
All orders are billed based on the rates in effect at the time of validation, in accordance with Article 4.2 of the Customer's Order.
Full payment shall constitute a transfer of ownership to the Customer of the Products.
6 – SHIPPING
6.1 Products are delivered to the address provided by the Customer in accordance with of the delivery period stated in the confirmation e-mail that the Company reviews, in accordance with Article 4.4, upon receipt of its payment to the Client.
6.2 Different shipping methods are available to the Customer:
- standard shipping:
Delivery by postal mail within an average time of 2 to 15 days, depending on the delivery destination specified. If the Customer is not present and the size of the package does not fit in in the mailbox, the package will then be available at the post office to which the Customer belongs. The Customer has a period of 15 consecutive days from the arrival of the package at the post office to come and retrieve it. After this time, it will be returned to the Company.
- Colissimo shipping:
For metropolitan France (including Corsica and Monaco) and Belgium:
- “My Residence” Service:
Delivery within an average time of 48 hours (2 days) to the delivery address. If the Customer is not present and the size of the package does not fit in the mailbox, a notice is left for him/her and the package will then be available at the post office to which the client belongs. The Customer has a period of 10 business days from the arrival of the package at the post office to come and retrieve it. After this time, it will be returned to the Company.
- “My Merchant” Service:
Delivery within an average time of 48 hours (2 business days) to the address of the specified merchant. The Customer receives an email informing him of the availability of the package. The Customer has a period of 10 business days from the arrival of the package at the post office to come and retrieve it. After this time, it will be returned to the Company.
To locations other than metropolitan France (including Corsica and Monaco) and Belgium:
Delivery within an average time of 5 to 15 days according to the delivery destination specified. If the Customer is not present and the size of the package does not fit in the mailbox, a notice is left for him/her and the package is available at the post office to which the client belongs. The Customer has a period of 15 consecutive days from the arrival of the package at the post office to come and retrieve it. After this time, it will be returned to the Company.
6.3 In the event of a shipping delay, the Customer will receive an email notifying him/her of the new delivery date.
7 – REVOCATION
7.1 In compliance with the existing legislation the Customer has, subject to Section 7.3, a period of 14 (fourteen) days from receipt of the Product to exercise his/her right of revocation provided for in Article L. 121 -21 in the Consumer Code and without having to explain his/her decision. However, any personalised product cannot be returned or exchanged.
7.2 The revocation request is made to the Company by the Customer:
- by sending the revocation form (available on the www.difymusic.com website) duly completed and signed to the shipping address of the Product;
- or by logging in to his/her Customer Account from the “Order Details”.
Products are sent by the Customer by mail, at his/her own expense, to the address of the shipping location of the Products or to any other address that was indicated to him/her from his/her Customer Account by the Company within 14 (fourteen) days following the shipping date to the Company of his/her revocation form by the Customer.
7.3 Pursuant to article L 121-21-8 of the Consumer Code, the right of revocation may not be exercised if the Products, when it notably includes audio or video in CD or DVD format, have been unsealed or, more generally, when they have been damaged by the Customer.
In case of revocation, the Product(s) must absolutely be returned to the Company in their original packaging, when it comes to CD and/or DVD, and in any case in their original condition (i.e. new condition for the Company to re-package the Products for marketing). Therefore, any clothing worn or have been subjected to degradation and/or all CDs and/or DVDs that were unsealed shall be neither returned nor reimbursed by the Company.
7.4 In case of revocation pursuant to Article 7, the Company is required to reimburse, except Product referral fees that are borne by the Customer, the full amount paid (including shipping) by the Customer at the latest 14 (fourteen) days from the date the Company receives the Customer's revocation form.
8 – CANCELLATION
8.1 Pursuant to Articles L. 131-8 and following the Consumer Code, and in the event that the Company has not complied with the delivery time indicated in the confirmation e-mail sent to the Customer under Article 4.4 above, the Customer has, according to Article 8.2, the option to cancel the order by registered mail addressed to the Company after an initial notice, already sent by registered mail to the Company and instructing it execute delivery as soon as possible, or no action taken.
The Order is, in this case, canceled upon receipt by the Company from the registered letter notifying it of such cancellation and except that the Order had actually been delivered, on the date of receipt of such letter, by the Company.
8.2 No cancellation is possible in the event of late delivery due to an address error on the part of the Customer.
8.3 In the event of cancellation pursuant to Article 8, the Company shall reimburse the full amount paid (including shipping) by the Customer and, at the latest, 14 (fourteen) days from the date the Company receives Customer's letter notifying it of the cancellation. However, any personalised product cannot be returned or exchanged.
9 – CUSTOMER COMMITMENT
9.1 The Customer declares to be of majority age or undertakes to get, prior to registration, the permission of his/her parents or guardians exercising parental authority, of which they remain, in any case, a guarantee with respect to these Terms, which the Customer expressly declares to know and accept.
9.2 The Customer undertakes to use the Products for personal use only and excludes any commercial purpose of the Products ordered from the Service.
9.3 The Customer basically agrees to adhere to all terms and conditions of the present Terms as well as to maintain, as required by printing all copies of the Terms that will sent by the Company to him in accordance with Article 4.4 above.
10 – GUARANTEES OF THE COMPANY
10.1 Products sold from the Service benefit from the legal guarantee of compliance provided for in Articles L-211-4 to L.211-14 of the Consumer Code and the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code.
10.2 The Company, under these guarantees, commits to the choice of the Customer to refund or exchange him/her for all defective products, which would have otherwise been damaged before receipt and/or which do not correspond to the Customer's Order and provided that the Customer immediately informed them of this upon receipt by contacting Customer Service by email or mail to the following address: 17 bis, ZA LA GAUDIERE 35220 CHATEAUBOURG.
10.3 In this regard, it is specified that the Company will ensure the exchange and/or refund of the Products and this is subject to, in case of a non-compliant Order, that the relevant Products are returned to him/her within the conditions of Article 7.3 and, in case of damage, that the provision will be absolutely focused on the delivery. The cost of returning the Products will be reimbursed by the Company to the Customer upon submission of the relevant evidentiary documentation.
10.4 The Company agrees to carry out the archiving of all Orders (including delivery, invoices and the current version of these Terms) whose amount exceeds 120 euros VAT, and in accordance with the current legislation for a period of 10 years.
11 – PERSONAL INFORMATION
11.1 The Company is committed to respecting the confidentiality of personal data, in accordance with these Terms, for the Client and treats them in compliance with the Data Protection Act 78-17 of January 6, 1978. The processing of information collected by the Company has been declared to the National Commission for Data Protection and Liberties (CNIL) (No. 1540356); the Customer, furthermore, has a right to access and correct his/her personal data, being able to exercise that at any time from his/her Customer Account.
11.2 The Company informs the Customer that his/her data will be processed and used within the limits of what is necessary for the proper functioning of the Service and stored as evidence of the contract and may also be communicated, so that the Customer expressly declares to know and accept, by the Company to record producers, artists and/or manufacturers of products sold from the Service and to enable the processing of orders in accordance with these Terms and proceeding with sending e-mails containing offers the case being commercial and/or to keep Customers informed in the framework, notably in the newsletters regarding artist news and/or labels whose products are purchased from the Service. All other usage of personal information will be subject to prior authorization.
11.3 For the purpose of keeping them from being altered, damaged or that unauthorized parties have access, the Company will carry out its best efforts to ensure the security of personal information collected from the Service.
12 - FORCE MAJEURE
The responsibility of the Company cannot be blamed if the non-performance, or delay in performing any of its obligations described in these Terms, is due to a case of force majeure, as defined and adopted by the jurisprudence of courts and the French courts.
13 - MISCELLANEOUS
These Terms are offered in French and are subject to French law. In case of dispute, the French courts under the jurisdiction of the Paris Court of Appeal will have jurisdiction.