Terms of Sales
The online store for the "SPACEDISQUES.COM" site was set up by the company "Service de Promotion et d'Actions Commerciales Européen", which operates this site. Any order for a product appearing in the online store of the "SPACEDISQUES.COM" website requires prior consultation of these general conditions.
Consequently, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the context of the shop. of the website. The consumer has the option to save or edit these general conditions, it being specified that both saving and editing this document are his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for his personal use. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired within the framework of the website would in reality have a connection with his professional activity. The online store set up by the company "Service de Promotion et d'Actions Commerciales Européen" as part of the website mentions the following information:
1. Legal notice allowing a precise identification of the company "Service de Promotion et d'Actions Commerciales Européen";
2. Presentation of the essential characteristics of the goods offered;
3. Indication, in Euros, of the price of the goods, excluding delivery costs;
4. Indication of the terms of payment, delivery, or performance;
5. The existence of a right of withdrawal;
6. All of this information is presented in French. The consumer declares to have full legal capacity allowing him to engage under these general conditions.
Article 1: Completeness
These general conditions of sale express all the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions provided for in these general conditions of sale. No general or specific condition appearing in the documents sent or given by the consumer may be incorporated into these conditions, since these documents would be incompatible with these general conditions.
Article 2: Purpose
The purpose of these general conditions of sale is to define the rights and obligations of the parties within the framework of the online sale of goods and services offered by the company "Service de Promotion et d'Actions Commerciales Européen" to consumers.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: these general conditions of sale; the general conditions of use; purchase order. In the event of a contradiction between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.
Article 4: Entry into force - duration
These general conditions of sale come into force on the date of signature of the order form. These general conditions of sale are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees owed by the company "Service de Promotion et d'Actions Commerciales Européen".
Article 5: Electronic signature
The consumer's "double click" on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order confirmation
The contractual information will be the subject of a confirmation by e-mail at the latest at the time of delivery or failing that, to the address indicated by the consumer in the order form.
Article 7: Proof of the transaction
The computerized registers, kept in the computer systems of the company "Service de Promotion et d'Actions Commerciales Européen" under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 8: Product information
8-a: The company "Service de Promotion et d'Actions Commerciales Européen" presents on its website "SPACEDISQUES.COM" the products for sale with the necessary characteristics which allow to comply with Article L 111-1 of the French Code of consumption, which provides for the possibility for the potential consumer to know before taking the final order the essential characteristics of the products he wishes to buy.
8-b: The offers presented by the company "European Promotion and Commercial Actions Department" are only valid while stocks last.
Article 9: Price
The prices are indicated in euros and are only valid on the date of the sending of the order form by the consumer. They do not take into account the delivery costs of a fixed amount of 3.00 € for CDs and 4.50 € for vinyls for sending by post. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
A rticle 10: Method of payment
To pay for his order, the consumer has his choice of all the payment methods referred to in the order form. The consumer guarantees the company "Service de Promotion et d'Actions Commerciales Européen" that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The company "Service de Promotion et d'Actions Commerciales Européen" reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non -payment. The company "Service de Promotion et d'Actions Commerciales Européen" reserves the right in particular to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid for a previous order or with which a payment dispute is being administered.
Article 11: Product availability
The order will be executed at the latest within 3 days from the day following that on which the consumer has paid for his order. In case of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed as soon as possible and will have the possibility of canceling his order. The consumer will then have the choice of requesting either the reimbursement of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 12: Terms of delivery
The products are delivered to the address indicated by the consumer on the order form. The consumer is required to check the condition of the packaging of the goods on delivery and to report the damage due to the carrier on the delivery slip, as well as to the company "Service de Promotion et d'Actions Commerciales Européen" , within one week. The consumer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form. As far as shipping is concerned, we mainly work with La Poste. As soon as we send it, you will immediately receive an email informing you.
THE POST OFFICE
To keep transport costs as low as possible, all products of small or medium size are sent by a postal service. In addition to being economical, this service delivers in 48 hours throughout France. However, it is possible, as in any expedition, that there is a delay in delivery or that the product gets lost. In the event of a delay in delivery compared to the date we indicated to you in the dispatch email, we ask you to notify us of this delay by sending us an email. We will then contact the Post Office to start an investigation. A Post investigation can last up to 21 days from the date of the start of the investigation. If during this period, the product is found, it will be immediately forwarded to your home. If, on the other hand, the product is not found, La Poste considers the package as lost. Only then can we return a replacement product to you, at our expense. If the product (s) ordered were no longer available at that time, we would reimburse you for the amount of the products affected by the loss of the carrier. We decline all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products or a strike.
Article 13: Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature. The consumer must at the same time confirm this anomaly by sending the carrier within two working days of the delivery date a registered letter with acknowledgment of receipt setting out the said complaints. The consumer must send a copy of this letter by email or by ordinary mail to:
Customer Service - SPACE
6, rue des Pavots
Article 14: Delivery errors
14-a: The consumer must formulate with the company "Service de Promotion et d'Actions Commerciales Européens" on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality compared to the indications appearing on the order form. Any complaint formulated beyond this period will be rejected.
14-b: The formulation of this complaint with the company "Service de Promotion et d'Actions Commerciales Européens" can be made by connecting to our site in the section "follow your order" where, after entering your customer number , you can ask us your question through the contact us menu, specifying the order reference.
14-c: Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the company "Service de Promotion et d'Actions Commerciales Européens" from any responsibility towards the consumer.
14-d: upon receipt of the complaint, the company "Service de Promotion et d'Actions Commerciales Européens" will assign an exchange number for the product (s) concerned and will communicate it by e-mail or by telephone to the consumer. The exchange of a product can only take place after the attribution to the consumer of an exchange number according to the procedure presented above.
14-e: In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the company "Service de Promotion et d'Actions Commerciales Européens" as a whole and in its original packaging , to the following address :
Customer Service - SPACE
6, rue des Pavots
To be accepted, any return must first be reported to the Customer Service of the "Service de Promotion et d'Actions Commerciales Européens" company.
Shipping costs are the responsibility of the consumer except in the event that the returned product does not correspond to the original order or is defective due to an error by the company "Promotion and Actions Department European Commercial ", or not in conformity with the declaration made by the consumer in the return slip.
Article 15: Product warranty
In accordance with article 4 of decree n ° 78-464 of March 24, 1978, the provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of the hidden defects of the thing sold. . The consumer is expressly informed that the company "Service de Promotion et d'Actions Commerciales Européens" is not the producer of the products presented on the website, within the meaning of law n ° 98-389 of May 19, 1998 and relating to liability for defective products. Consequently, in the event of damage caused to a person or to a good by a defect of the product, only the responsibility of the producer of this one can be sought by the consumer, on the basis of the information appearing on the packaging of the said product. . The conditions and duration of the producer warranty are indicated on the product sheets. Taking into account the frequency of renewal of the components of the technical products, "Service of Promotion and European Commercial Actions" will be able, on request, to inform the consumer of the availability of the spare parts of the products offered and the modalities for possibly obtaining them .
Article 16: Right of withdrawal
The consumer has 10 working days to return, at his expense, the products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day. Any return must be reported in advance to the Customer Service of the company "Service de Promotion et d'Actions Commerciales Européens".
- by connecting to our site in the "follow your order" section where, after entering your customer number, you will be able to obtain your order number. The product must be returned to:
Customer Service - SPACE
6, rue des Pavots
Products such as Disks, CDs, Cells, must not have been unsealed, so that the consumer can benefit from the right of withdrawal.
Electronic products such as turntables, headphones, mixers, etc. remain subject to the statutory withdrawal period of 7 days.
Only products returned as a whole, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, with the exception of return costs. In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the reimbursement of the sums paid, or the exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer.
In the event of exercise of the right of withdrawal, the company "Service de Promotion et d'Actions Commerciales Européens" will make every effort to reimburse the consumer within 15 days. However, taking into account the technical nature of the products sold, this period may be extended to 30 days, in particular when the product needs a technical verification (see products which must be tested beforehand).
The consumer will then be reimbursed by crediting his bank account (secure transaction) in the event of payment by bank card, or by check in other cases.
Article 17: Rights of use
The right to use the software of the company "Service de Promotion et d'Actions Commerciales Européens", as well as those distributed by it, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. . However, under article L122-6-1 of this Code, the consumer has a reproduction right exclusively for the establishment of a backup copy, when this is necessary to preserve the use of the software. In any case, the author of the software retains a right of ownership over his work, which the consumer undertakes to respect.
Article 18: Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonable efforts possible. The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware. The two parties will then approach each other, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts longer than three months, these general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 19: Non partial validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
Article 20: No waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 21: Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: applicable law
These general conditions are subject to French law. This is the case for the substantive rules as for the formal rules. In the event of a dispute or complaint, the consumer will first contact the company "Service de Promotion et d'Actions Commerciales Européens" to obtain an amicable solution. Secondly and in the event of an appeal, the consumer may file a complaint with the Commercial Court of Clermont-Ferrand.
Article 23: Data processing and Freedoms
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company "Service de Promotion et d'Actions Commerciales Européens" involved in the execution of this order. The consumer can write to the company "Service de Promotion et d'Actions Commerciales Européens" whose contact details are in the confidentiality charter appearing on the website, to oppose such communication, or to exercise its rights of access, rectification with regard to information concerning him and appearing in the files of the company "Service de Promotion et d'Actions Commerciales Européens", under the conditions provided for by the law of January 6, 1978.
SARL European Promotion and Commercial Actions Department - spacedisques.com
Clermont-Ferrand RCS 50334802100026 - Intra-community VAT number FR67503348021