GENERAL TERMS governing the SALE of VANDOREN SCORES (Internet)
Article 1 – Preamble
These terms of sale have been concluded between, on the one hand, the VANDOREN SAS Company, a simplified joint stock company with a capital of € 1,696,000 and registered offices in BORMES LES MIMOSAS (83) – at 664, route de Bénat, registered in the Toulon Trade & Companies Register under n° B 314 978 750, taken in its secondary establishment responsible for the sales offer, located at 56, rue Lepic in Paris (18th), referred to hereinafter as “VANDOREN” and, on the other hand, the persons who wish to make a purchase on the “Vandoren Scores” website, referred to hereinafter as the “CONSUMER”.
These terms govern VANDOREN’s sales of books, scores, videos, DVDs and CD ROMs.
These terms apply to the exclusion of any other terms, in particular those governing direct sales from the “Espace Partitions” located at 56, rue Lepic in Paris 18th.
These terms concern exclusively the individuals or legal entities who are not members of the trade who purchase the products available on the aforementioned site, for their personal use, to the exclusion of any trade or resale.
The Consumer declares that he has examined and accepts these terms of sale prior to placing his order. The validation of the order therefore constitutes acceptance of these terms of sale in their entirety.
Article 2 – Products covered – Duration
Only the products for sale on the “Vandoren Scores” website are governed by these terms of sale, to the exclusion of all other current or future products which my be sold or manufactured by VANDOREN now or in the future, and which are not offered for sale on this website.
These terms of sale will remain in force throughout the duration of the period of their display on-line, but may be amended at any time at VANDOREN’s initiative. The amendment will be effective only for sales placed after the date on which the amendment has been placed on-line, unless this placing on-line is the result of an obligation under an imperative law, immediately applicable on French territory.
Article 3 – Availability of the products – order processing time
Offers of products and prices are valid as long as they are visible on the website, within the limit of available stocks.
As soon as your order is placed, it is processed by our logistics department. You shall receive an acknowledgement of receipt by e-mail which will constitute valid confirmation of your order. You may also print your order summary.
For the products which are not in stock in our warehouses, our offers are valid subject to our suppliers’ available stocks. In this framework, the information on product availability is provided at the time your order is placed. As this information is provided by our suppliers, errors or changes may exist, on an exceptional basis. If products are unavailable after the placing of your order, we shall inform you by e-mail or by letter as soon as we receive the information received by the suppliers. Your order will be cancelled automatically and you will receive immediate reimbursement if your bank account has been debited, in the event that a product were to be permanently unavailable.
Article 4 – Price Conditions
4.1 The prices of our products are provided in euros, including tax (VAT + other taxes and in particular taxes on videograms as the case may be), excluding the contribution to the costs of processing and shipment. VANDOREN reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time the order is registered.
4.2 In the event of an order for a country other than metropolitan France, the Consumer is considered as the importer of the product concerned. For products shipped outside the European Union and France’s overseas départements and territories, the price shall automatically exclude tax. Customs duty, other local taxes, import duty or state taxes may be payable. These sums are not incumbent upon VANDOREN. They will be incumbent upon you and fall totally within your responsibility in terms of declarations and payment to the authorities and/or appropriate organizations in your country. We recommend that you obtain information in this respect from your local authorities.
4.3 All orders, regardless of their destination and origin, are payable in euros.
4.4 The price shall be paid in full at the time of the order. The sums paid shall not be considered at any time as down payments or deposits.
4.5 The products shall remain VANDOREN’s property until full payment of the price.
4.6 In the event that the price of a previous order were not paid in full, VANDOREN reserves the right to refuse to accept any new order from the same consumer, until the price of all the products previously ordered and delivered is paid in full.
Article 5 – Payment
Your purchases are paid:
- either by banking card: we accept payments with “carte bleue” and “VISA” cards. The amount is not debited until the time the order is shipped:
- or by check
In the event of payment by check, it may be drawn only on a bank having clearing house in metropolitan France or Monaco. The check is cashed upon receipt. It must be sent to VANDOREN Espace Partitions – 56 rue Lepic, 75018 PARIS and made out to the order of VANDOREN SAS.
Article 6 – Delivery
Products are delivered to the delivery address indicated by the Consumer during the ordering process.
In the event of payment by banking card, the delivery process is triggered immediately and in all events within a maximum period of 30 days following receipt thereof.
In the event of payment by check, the order will not be processed until the check is cashed.
The Consumer has the choice between two shipment procedures:
-priority mail: in this case, the products are entrusted to “La Poste”.
All products sold are checked on the date of their shipment and leave in good condition. The Consumer shall inform the deliveryman of any trace of damage on the package and, as the case may be, immediately unpack it before signing. In the event of a problem, the Consumer must mention the defect in writing and refuse the package as the case may be. A new identical product will then be sent to the Consumer at no expense.
Any anomaly concerning delivery (damage, products missing compared to those listed on delivery voucher, damaged packaging…) must be indicated on the delivery voucher in the form of “handwritten reserves” accompanied by the client’s signature. The Consumer must confirm this anomaly immediately afterwards in a letter to VANDOREN.
Products declared as damaged during transportation shall be exchanged at no cost only if a reserve has been expressed at the time of the acceptance of the package and mentioned on the transportation voucher.
Article 7 – Withdrawal Right
The Consumer is entitled to seven business days following receipt to return the product, in the event that he has changed his mind or if the product does not suit him, and on the condition that products dispatched in a sealed package have not been opened.
The delivery date shall be considered as the date indicated by the transporter on the delivery voucher or any other document replacing it. Failing a delivery voucher, the delivery date shall be considered as being the 3rd day following VANDOREN’s mailing of the products ordered.
The costs of delivery and return are incumbent in full upon the Consumer. Only the price of the products returned shall be reimbursed.
Returns are to be made to VANDOREN – 56, rue Lepic, 75018 PARIS – in their original packaging, with no elements missing, in good condition and accompanied by a copy of the invoice or order confirmation.
The right to return products cannot be exercised for audio & video recordings, computer software or scores which may have been unsealed by the client. VANDOREN will not accept returns of articles which are incomplete, damaged, or soiled by the consumer.
Article 8 – Conformity of products under warranty
We undertake to reimburse to you or to exchange products which are apparently defective, damaged or corrupt or which do not correspond to your order. In this case, we would appreciate your kindly providing us with a detailed description of the problem and returning the product(s) to us. Depending on your choice, VANDOREN will exchange or reimburse the product(s). The request must be made within fifteen business days following delivery. Any complaint made thereafter shall not be accepted. Shipment costs shall be reimbursed to you on the basis of the rates invoiced and the costs of return will be reimbursed to you in full. In all events, you benefit from the provisions of the legal warranty, in particular those governing the warranty for hidden defects. The provisions of this article will not prevent you from benefiting from the right of withdrawal referred to in the previous article.
Article 9 – Reimbursement Procedures
Reimbursements of the products in the cases described in the two previous articles shall be made with 15 days at the most following our receipt of the products. The reimbursement shall be made, at VANDOREN’s discretion, by crediting your bank account or by bank check made-out to the order of the client who has placed the order and at the invoicing address. No “COD” shipments will be accepted, regardless of the grounds therefor.
Article 10 – Intellectual Property
10.1 All the text, commentaries, works, illustrations and images reproduced on the VANDOREN site are reserved under copyright and under intellectual property rights, for the entire world. In accordance with the provisions of the Code of Intellectual Property, only private use is authorized, subject to different and possibly more restrictive provisions. Any total or partial reproduction of the VANDOREN site is strictly prohibited.
10.2 Certain products, such in particular as scores, videograms and software, are protected by specific, personal utilization rights governing copies, public broadcasts and rentals. It is recommended that the Consumer inform himself concerning the conditions of use in force in his country and that he respect them fully.
It is recalled in particular that the right to utilize the software, videos, DVDs and CDs and scores is granted to the Consumer in a non-exclusive, personal and non-transferable capacity, in accordance with the Code of Intellectual Property. The Consumer has a reproduction right exclusively for making a back-up copy when necessary to protect the use of a product of this type. The circulation or public representation of musical works is subject moreover to restrictions in most countries.
In all events, the author of the work or of the product retains an ownership right to his work which the Consumer undertakes to respect.
Article 11 – Liability
VANDOREN is responsible only for the contents of the pages it publishes.
The products proposed by VANDOREN comply with the French legislation in force. VANDOREN’s liability shall not be incurred in the case of the failure to respect the laws of the country in which the products are delivered (for example in the event that a title or videogram is prohibited). It is up to the Consumer to verify with the local authorities the possibilities of importing and utilizing the products he plans to order.
Photographs are provided for information only. We recommend that the Consumer consult each product description for the precise characteristics and, in the case of doubt, or if you want additional information, you may contact us (Tel: 33.(0).53418303)
Furthermore, VANDOREN’s liability shall not be incurred for inconvenience and prejudice originating in the use of the Internet, such as an interruption in the service, the presence of a computer virus or outside intrusion, even if these intrusions or contaminations take place via its site, as in this domain VANDOREN is bound by a simple obligation of due care.
Article 12 – Proof – Data conservation
Computer registers, stored in the VANDOREN Company’s data systems, shall be considered as authentic proof of the communications, orders and payments made between the parties.
Order forms and invoices are stored on a durable, reliable medium, in accordance with the regulations in force, for a period of 10years
It is recalled in this respect that the “click” validating the order implies the Consumer’s approval of all the clauses of the contract, and in particular his commitment to pay the price.
Article 13 – Governing Law – Language
This contract is governed by French law. It is written in French. Only the French version published on this site shall be considered as the authentic version in the event of difficulties. The translations proposed on the site are provided for the sake of information only.
Article 14 – Disputes
This contract is considered as signed in Paris in the premises of L’Espace Partitions VANDOREN;
In the event of a dispute, the District Court of Paris alone shall entertain jurisdiction, except if (i)the Consumer contracts at nonprofessional ends, and (ii) has is usual residence in one of the Members States of the European Union. In this last case, the rules of jurisdiction will be those of Article 15 of the n° 44/2001 European Directive of December 22, 2000.
Article 15 – Independence of clauses
In the event that one of the clauses of this contract were declared null & void due to a change in legislation, regulations, or by court decision, the cancellation thereof would in no event undermine the validity and respect of the other clauses constituting these terms of sale.
Article 16 – Customer Department
Our customer department is at your disposal to provide any further information and to answer questions at 56 rue Lepic 75018 Paris, +33(0)1 53418303
Article 17 – Protection of Nominative Data
The information and data concerning you are necessary for handling the order and maintaining our commercial relations.
In accordance with the Data Processing, Data Files and Individual Liberties Act of January 6, 1978, you have the right to access and rectify the personal data concerning you. To do so, simply write to us or e-mail us at our Customer Department”firstname.lastname@example.org along with your last name, first name, e-mail address, postal address and if possible your customer reference.
The user is informed that the automated processing of data, in particular the management of the users’ e-mail addresses was declared to the CNIL under number 1114059 on 2005, July 22.