Last updated on: April 04, 2021
Preamble
These General Terms and Conditions of Sale (hereinafter referred to as C.G.V. ») apply to the sale of the products of the Site www.uvpr.fr (hereinafter referred to as the « Site ») and define the rights and obligations of the Seller and the Customer in the online supply of the Seller’s Products.
The C.G.V. apply without restriction or reservation to all users and customers of the Site wishing to proceed with the purchase of the products of the Site «Une Vie pour Rien».
The Customer acknowledges and accepts that the continuation of the navigation on the Site constitutes the unreserved acceptance of the following terms and conditions of sale. It acknowledges that it has accepted the Conditions before placing an order for a product on the Site, the fact of placing an order entailing the full, immediate and unreserved acceptance by the Customer of the Conditions in force at the time of placing the order.
The current version of these Terms is the only one that is binding on the Customer and users of the Site:
- During the entire period of use of the Site and until a new version replaces it. A Life for Nothing reserves the right to modify these Terms at any time without prior notice to the Customer but will keep the latter informed of the changes;
- For any order of the Site’s products;
The Terms shall prevail over any other documents issued by the Seller or any other general conditions of purchase. The Seller reserves the right to derogate from certain clauses of this Agreement or to establish specific terms and conditions of sale according to customers.
These Terms and Conditions came into effect on April 04, 2021.
Définitions
In these Terms the following terms are understood as follows:
- « Client» : “Client” means any natural person who is at least 18 years old (according to the provisions of the preliminary article of the Consumer Code, any natural person who acts for purposes that do not come within the scope of his commercial, industrial, artisanal, liberal or agricultural activity) and any natural person or legal person who places an order on the Seller’s Products Website;
- « Terms» : means these General Terms and Conditions of Sale;
- « Product» : désigne tout produit mis en vente sur le Site ;
- « Services» : means any product offered for sale on the Site;
- « Site» : means the website uvpr.fr or any other website operated by the Seller and made available as part of the Services;
- « Tarif» : means the price applicable to the Products of the Site;
- « User» : means any user of the Site;
- « Vendeur» : refers to the association Une Vie Pour Rien in Siren no. 478920002 with its registered office at 5 rue Francis de Pressense 44000 NANTES;
Under the terms of this Agreement, the Seller or Customer may be individually referred to as the « Party » and collectively referred to as the « Parties ».
Article 1 – The Seller
The Seller owning the Site and marketing the Products of the Site is the association Une Vie Pour Rien at n° Siren 478920002 whose registered office is 5 rue Francis de Pressense 44000 NANTES.
The Seller can be reached at the following e-mail address: [email protected].
Article 2 – Description of the Products
The Association Une Vie Pour Rien sells on its Website products related to the music industry: CDs, vinyl, group merchandising and downloads in free access.
The products are put on sale, through the Site, by the labels of the musical groups presented on the Site or by the groups themselves, as part of a self-production.
The characteristics of the Products offered for sale are indicated on the corresponding "Products" pages of the site, including a description sheet of each of our products indicating:
- The price
- Inventory
- The name of the product
- The music group
The photographs of our products are not contractual, because of the different resolution and color definition that may exist between the photography and the resolutions of the users' screens.
The list of Products may be modified at any time by Une Vie Pour Rien according to the musical outputs and productions of the groups presented on the Site. Indications on the availability of the Products are indicated on the Website and upon receipt of your order in case of unavailability of the selected product.
The transfer of the risks of loss and deterioration of the Products to the Customer will be carried out after delivery to the Customer and from the date of receipt of the products by the latter.
Article 3 – Placing an order
Any Customer wishing to acquire a Product via the Site must follow the following steps:
a) Selection of products
The User must select the product(s) chosen and insert them into his shopping cart.
b) Validation of the order
By clicking on « My Cart », the User has access to the summary of his order. He must then validate his order by entering his billing and delivery details.
It is not mandatory for the Customer to create a personal account before placing an order. However, if the Customer wishes to create a personal account on the Site, he must enter his first and last name, his address, an email address and a telephone number (optional). The Customer is solely responsible for the information provided on his personal space and the responsibility of the Association may not be sought in the event of missing or erroneous information having a direct or indirect impact on the delivery of the order.
To place an order, the Customer must indicate his identity and his delivery details and must inform the Seller without delay of any modification of his data which may have an impact on the delivery of his order or on the billing of his order.
The Seller’s liability may not be sought in the event of an incomplete or erroneous delivery address on the part of the Customer, who undertakes to bear the costs of return and return to the correct address.
The Customer must then choose a delivery method. Some delivery options may be chargeable. The final price including all taxes will be displayed upon validation of the order
c) Payment of the price
The Customer must then proceed to the online payment of the total price of the Order via PAYPAL or StripeThe Customer will then be redirected to a confirmation screen inviting him to confirm his order. The validation of the order by the Customer constitutes the conclusion of a sales contract between the Seller and the Customer and acceptance by the latter without reservation of these Terms and Conditions.
In the event of unavailability of a product, the Customer will be notified by email no later than 24 hours after placing an order.
Article 4 – Control of Controls
a) Modification and cancellation of orders
The Seller does not accept any modification or cancellation of the order except in exceptional cases, left to the discretion of the Seller.
b) Refusal of an order
The Seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization from officially accredited payment agencies or in case of non-payment of the order.
The Seller also reserves the right to refuse any delivery and any order from a Customer who has not fully or partially settled a previous order or with which a payment dispute is being processed. This provision is applicable in case of previous order made online, or by quotation, by telephone, through a purchase order or any other sales channel of the Seller.
In case of refusal to process an order and if the Customer has already paid the amount of the order, the Customer will be informed of the refusal by email and the Seller will proceed to refund the sums paid by the Customer within thirty (30) days from the placing of the order.
Article 5 – Price and Terms of Payment
a) Rates
The prices displayed on the Website are indicated in euros € TTC and are those in force at the time of confirmation of the order by the Customer.
The Seller reserves the right to change its prices at any time but undertakes to apply the prices in force at the time of the order by the Customer.
Payment of the entire price must be made at the time of the order. The sums paid cannot be considered as a deposit or a deposit. No discount terms are provided for under these C.G.V.
b) Terms of Payment
Any order placing implies payment by the Customer. The price is payable in full and in a single payment, immediately at the time of ordering, by credit card only, via our partner payment agency, STRIPE or PAYPAL.
c) Invoices
After placing an order, the Customer will receive an invoice and a summary by e-mail, immediately after placing the order.
d) Payment Incidents Applicable to Professionals
The Business Customers are informed that any delay in payment of the sums due, from the day following the due date of these, will automatically cause the application of late penalties calculated on the amount including all taxes, and equal to at least three times the legal interest rate in force. They shall be payable as of right and without prior notice.
In addition, pursuant to L. 441-10 of the French Commercial Code, a flat-rate indemnity for recovery costs of € 40.00 will be payable by the Client to the Seller, even in the event of partial payment of the invoice, without prejudice to any other action that the Seller is entitled to bring against the Customer and at the Customer’s expense for the purpose of collecting his invoices and any other damages that may be due to him.
In the event of non-compliance with the payment conditions set out above, the Seller further reserves the right to suspend access to the Site and to suspend any order, until the invoices are corrected.
These provisions shall apply without prejudice to any other legal or extra-judicial actions which the Seller may bring against the Customer in order to obtain payment of his invoices.
e) Payment incidents applicable to consumer customers
The consumer customer is informed that any delay in payment of all or part of a sum due on its due date will automatically entail the forfeiture of the term of all sums due by the Customer and their immediate liability and may also give rise to the application late penalties calculated on the amount including all taxes and equal to at least three times the legal interest rate in force.
In addition, in the event of non-compliance with the payment conditions set out above, the Seller reserves the right to suspend access to the Site and to suspend any order, until the invoices are corrected.
These provisions shall apply without prejudice to any other legal or extra-judicial actions which the Seller may bring against the Customer in order to obtain payment of his invoices.
Article 6 – Delivery
a) Shipping the order
Delivery is only made after receipt of payment in full. The costs and delivery terms vary according to the weight of the order as well as the delivery destination and are indicated at the time of placing the order by the Customer.
For any delivery in France, the delivery costs are at least €4. For any delivery abroad, the delivery costs are at least €6.5.
The customer will be notified by email of the shipment of his order, indicating, if necessary and depending on the mode of delivery chosen, the tools for tracking his delivery.
b) Delivery times
Deliveries are all over France and everywhere else in the world. Delivery times vary from two to three weeks (or forty-eight hours in express delivery). However, these delivery times are given for information purposes only – and do not imply the responsibility of the Seller – and may be extended;
- Due to the Covid-19 outbreak, impacting deliveries;
- In summer periods;
- On public holidays;
- In case of force majeure.
c) Receipt of order
Orders are delivered to the address indicated by the Customer at the time of placing the order. Any order returned to the Seller due to an error in the delivery address will be redirected at the Customer’s expense.
Upon receipt of his order, the Customer must check the conformity of the products received with the carrier. In case of damaged or damaged packages, or missing products, the Customer must specify this on the delivery slip of the carrier on the same day of receipt of the order.
If the package has been torn or opened, the Customer must check the condition of the products. If they have been damaged, the Customer must refuse the package and note a reservation on the delivery slip indicating any discrepancies concerning the delivery.
This verification is considered to be carried out by the Customer when the latter, or a third party authorised by him for this purpose, has signed the delivery note.
In the event of lack of conformity or hidden defect noted by the Customer at the time of delivery of his order, the latter must contact as soon as possible with the Seller’s customer service, indicating his order number and invoice, its identity and description of the non-compliance.
The transfer to the Customer of the risks of loss and deterioration of the products will be carried out as soon as the said products are delivered and received.
Article 7 – Right of withdrawal
a) Professional Client
In accordance with the provisions of Article L.221-18 of the French Consumer Code, the Business Customer does not have the right of withdrawal.
b) Common application
In accordance with the provisions of Article L.221-18 of the French Consumer Code « the consumer has 14 days to exercise his right of withdrawal from a contract concluded at a distance, without having to give reasons for his decision or incur any costs other than those provided for in articles L.221-23 to L.221-25 ».
To exercise its right of withdrawal, the Customer must send the Seller the products under the following conditions:
- Product not damaged, not used;
- Returned in its original packaging;
- Purchase invoice attached.
He must also send the following form by email [email protected] faire parvenir le formulaire suivant :
Withdrawal form :
Mrs, Mr,
On (date), I placed an order on your website for a product of the One Life for Nothing Website and took delivery of it on (date). In accordance with Article L. 221-18 of the French Consumer Code, I inform you that I wish to exercise my right of withdrawal concerning this order and I will return it to you within the next fourteen days. Thus, I hereby notify you of my withdrawal from the contract relating to the sale of the following property or goods:
- Name(s) and reference(s) of Article(s):
- Ordered on:
- Received on:
- Order No.:
Name of the customer who initiated the order:
Address of the customer at the origin of the order:
Please refund me the amount of (…) euros that I paid you by (credit card, etc.).
As I thank you, I ask you to accept, Madam, Sir, the expression of my distinguished greetings.
Date :
(Signature)
The refund of the Returned Products is made by the Seller with the exception of the delivery and return costs of the product, at the expense of the Customer with the exception of the delivery and return costs of the product, at the expense of the Customer.
c) Limits to the Right of Withdrawal
In accordance with the regulations in force (Article L221-28 Consumer Code), the right of withdrawal cannot be exercised for:
- De fourniture de biens qui ont été descellés par le consommateur après la livraison et qui ne peuvent être renvoyés pour des raisons d’hygiène ou de protection de la santé. Exemple : la lingerie ;
- Supply of goods that are likely to deteriorate or perish rapidly. Example: food products (fruits, vegetables, etc.), flowers, plants, etc.
- De fourniture de services pleinement exécutés avant la fin du délai de rétractation et dont l’exécution a commencé après accord préalable exprès du consommateur et renoncement exprès à son droit de rétractation. Exemple : formations en ligne, à partir du moment où la formation a commencé (avec l’accord du consommateur), ce dernier ne peut pas exercer son droit de rétractation.
- Supply of goods or services whose price depends on fluctuations in the financial market which are beyond the control of the trader and which may occur during the withdrawal period;
- Supply of goods made up according to the specifications of the consumer or clearly personalized. Example: a custom furniture or suit;
- Audio, video or computer software recordings unsealed after delivery;
- De fourniture de biens qui, après avoir été livrés et de par leur nature, sont mélangés de manière indissociable avec d’autres articles ;
- Provision of alcoholic beverages whose delivery is delayed beyond 30 days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the control of the trader;
- De travaux d’entretien ou de réparation à réaliser en urgence au domicile du consommateur et expressément sollicités par lui, dans la limite des pièces de rechange et travaux strictement nécessaires pour répondre à l’urgence
- De fourniture d’un journal, d’un périodique ou d’un magazine, sauf pour les contrats d’abonnement à ces publications
- De prestations de services d’hébergement, autres que d’hébergement résidentiel, de services de transport de biens, de locations de voitures, de restauration ou d’activités de loisirs qui doivent être fournis à une date ou à une période déterminée ;
- De fourniture d’un contenu numérique non fourni sur un support matériel dont l’exécution a commencé après accord préalable exprès du consommateur et renoncement exprès à son droit de rétractation.
The Customer is therefore informed and accepts that certain products of the Website may not be subject to the exercise of the Right of Withdrawal.
Article 8 – Personal data
The Seller’s obligations regarding the protection of the Customer’s personal data are described in the « Protection of Personal Data » tab on the Website.
Article 9 – Intellectual Property
The sale of the products of the Website to Customers on the Website does not imply a transfer of copyright and ownership rights to the products which remain the full and complete property of the music groups which have the applicable copyright.
No user or Customer may take any action(s) incompatible with the respect of copyright and intellectual property or contrary to any other French and international law relating to intellectual property law. The Seller – or the music group or label – reserves the right to sue the Customer for any violation of these provisions.
Article 10 – Guarantee
All products offered by the Seller comply with the applicable French legislation. The Seller does not provide its Customers with any additional guarantee other than the legal guarantees of conformity and hidden defects (Art. L.217-4 to L.217-12 of the French Consumer Code).
In accordance with the legal provisions in force relating to the conformity of the goods to the contract or to the hidden defects, the defective Products or not corresponding to the order will be refunded or exchanged at the choice of the Customer.
The exchange will only be possible under the following conditions:
- Product in its original packaging;
- Product not deteriorated;
- Unused and unused product;
- Attached purchase invoice (or copy in case of partial return);ou copie en cas de retour partiel) ;
- Delivery note.
Dans ce cadre, les frais d’envoi seront remboursés au Client sur la base du tarif facturé et les frais de retour seront pris en charge par le Vendeur.
Le remboursement s’effectuera par re-crédit du moyen de paiement utilisé lors de la commande.
Article 11 – Force majeure
In the event of the occurrence of a force majeure event, as defined by the law and the jurisprudence of the French courts, making it impossible for one of the Parties, the performance of its obligations for more than thirty (30) days, and if the case of force majeure persists, each of the parties shall have the right to terminate this contract automatically, without any compensation being due by either of the parties, by Registered letter with acknowledgement of receipt addressed to the other party
The Parties may under no circumstances be held liable for any non-performance and/or breach of Contract arising from a case of force majeure and no compensation may be claimed by one Party to the other in this respect.
However, as soon as the case of force majeure resulting in the suspension of their respective obligations disappears, the parties must make every effort to resume the normal performance of their contractual obligations as quickly as possible. The prevented party must notify the other party, by registered letter with acknowledgement of receipt, of the resumption of its obligation.
Article 12 – Applicable Law and Dispute Resolution
a) General provisions
These Terms and Conditions and the operations resulting therefrom are governed by French law.
The Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of this Agreement. In this respect, the party wishing to bring into play the amicable conciliation procedure must notify the other party, by registered letter with request for acknowledgement of receipt, its intention to involve the said procedure by specifying the difficulties of application encountered or the shortcomings found.
La présente procédure de règlement amiable constitue un préalable obligatoire à l’introduction d’une action en justice entre les Parties. Toute action introduite en justice en violation de la présente clause serait déclarée irrecevable.
If the parties fail to reach an amicable agreement within a period of thirty (30) calendar days following the first notification, each party shall regain full freedom of action.
A défaut de parvenir à une résolution amiable malgré les diligences entreprises, tout litige relatif à l’exécution, à l’interprétation, à la validité et à la résolution des Conditions sera soumis aux tribunaux compétents dans les conditions de droit commun.
b) Mediation
The European Commission has set up an online dispute resolution platform, allowing the independent out-of-court settlement of on-line disputes between consumers and professionals in the European Union. This commission is available at: https://webgate.ec.europa.eu/odr/ This procedure is free of charge. The client may, at his own expense, be assisted by the council of his choice.
The Client is free to accept or refuse the use of mediation and/or any possible solution proposed by the mediator.
Article 13 – Miscellaneous Clauses
Severability If one or more stipulations of these Terms are held to be invalid or declared null and void pursuant to a law or regulation or as a result of a court decision that has authorized res judicata, this does not call into question the other clauses of the Terms
Non-renunciation The fact that the Seller and the Customer did not avail themselves of a breach by the other party of one of the obligations referred to in these Terms will not be interpreted for the future as a waiver of the obligation in question.
Partial nullity In case of contradiction between a stipulation of the Terms and any law, law, order, regulation, judicial order or collective agreement, present or future, these will prevail, provided that the stipulation herein so affected is limited only to the extent necessary and no other stipulation is affected.
Language of the Terms These Terms and Conditions and the resulting transactions are governed by French law. They are in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute
