General Terms and Conditions of Sale and Use

1. About Us

The company SAS FABRICE ROUSSON, a simplified joint-stock company (SAS) with a share capital of €8,000, whose registered office is located at 16 BIS ROUTE DU MOULIN, 76840 SAINT MARTIN DE BOSCHERVILLE, France, registered with the Rouen Trade and Companies Register under number 793 217 324 and represented by Mr. FABRICE ROUSSON (hereinafter the “Company”).
The Company provides the following services: online sale of musical instruments.

2. Preamble

The Company invites its Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the “GTCS/GTCU”). The GTCS/GTCU apply to all Services provided by the Company to its Clients within the same category, regardless of any clauses that may appear on the Client’s documents, in particular their general purchasing conditions.

The GTCS/GTCU are systematically communicated to any Client who requests them.
The Client must read the GTCS/GTCU prior to placing any Order.
In the event of any subsequent modification of the GTCS/GTCU, the Client shall be subject to the version in force at the time of the Order.
Data recorded in the Company’s IT system constitute proof of transactions concluded with the Client.

3. Definitions

“Client” means any natural or legal person who places an Order on this Website;
“Order” means any order placed by a registered User on this Website in order to benefit from the Company’s Services;
“General Terms and Conditions of Sale and Use” or “GTCS/GTCU” means these online general terms and conditions of sale and use;
“Consumer” means the natural person purchaser acting outside their professional needs and/or activity;
“Professional” means the legal or natural person purchaser acting within the scope of their professional activity;
“Services” means all services offered to Users by the Company via this Website;
“Site” means the present website: www.toutpourlehautbois.com;
“Company” means SAS FABRICE ROUSSON, as described in Article 1;
“User” means any person using the Site.

4. Registration

Registration on the Site is open to all legal entities or natural persons of legal age with full legal capacity.
Use of the Services offered on the Site requires prior registration. Registration is free of charge.

To register, the User must complete all mandatory fields; otherwise registration cannot be completed.
Users warrant that all information provided on the Site, particularly during registration, is accurate and truthful and undertake to update their personal information via their account.

Each registered User has a username and password, strictly personal and confidential. Any disclosure to third parties may result in account deletion. Each User is personally responsible for maintaining the confidentiality of their login credentials. The Company shall not be liable for identity theft. Any suspected fraud must be reported immediately.

Each User may hold only one account.
In case of breach of the GTCS/GTCU, including multiple accounts or false information, the Company may temporarily or permanently delete the User’s accounts.

Account deletion results in the definitive loss of all benefits and services acquired on the Site. However, any Order placed and invoiced prior to deletion shall be executed normally.
Users whose accounts are deleted for breach are strictly prohibited from re-registering without the Company’s express authorization.

5. Services and Prices

The Services covered by these GTCS/GTCU are those listed on the Site and offered directly by the Company or its partners.

Services are described on the relevant Site page, including essential characteristics. The Company cannot be held liable if the User is not eligible for a service.

Prices are indicated in euros, all taxes included (TTC), and include applicable discounts on the Order date. Additional costs are specified before checkout.

The Company reserves the right to modify prices at any time but will invoice based on the price applicable at the time of the Order.
Where a price cannot be known in advance, a detailed quotation will be provided.
Users cannot claim discounts that are no longer valid at the time of the Order.

6. Orders

Orders can only be placed by registered Users. Users add Services to a virtual cart and confirm by clicking “Order”.

The User must provide address, delivery method, and valid payment details to finalize the Order and form the sales contract.

Order registration occurs when the Client accepts the GTCS/GTCU and validates the Order. This constitutes proof of the contract.
Order confirmation is sent by email.

In case of non-payment, incorrect address, or account issue, the Company may block the Order until resolution. If the Service cannot be provided, the Client will be informed by email and refunded for that service only.
The Company may grant discounts based on quantity or order frequency.

7. Payment Terms

Unless otherwise stated, payment is due in full upon Order placement.
The Company may require a deposit or full payment depending on the Order.

Payment methods:
• Cheque
• Bank transfer
• Credit card

Late payment penalties for Professional Clients: ECB refinancing rate + 10 percentage points + €40 recovery fee.
For Consumers: legal interest rate.

No offsetting of penalties is permitted.
Late penalties apply automatically from the due date.
Failure to comply with payment terms may result in cancellation or suspension of the sale.

8. Performance of Services

Services are provided by the Company.
The Company undertakes to use all reasonable means to perform services within announced deadlines but is not liable for delays beyond its control.

If services are not performed on time, the Client may cancel under Articles L216-2 and L216-3 of the French Consumer Code. Refunds are made within 14 days.

If failure results from incorrect address provided by the Client, travel costs for unsuccessful service performance will be charged to the Client.

9. Complaints

Clients have 3 days from service delivery to submit a complaint by email to info@toutpourlehautbois.com with supporting documents.
Non-compliant complaints will not be accepted.
After review, the Site may replace or refund the service.

10. Consumer Right of Withdrawal

Consumers have 14 days from the Order date to withdraw, except for services/products listed under Article L221-28 of the French Consumer Code (services fully performed, customized goods, perishable goods, sealed goods opened after delivery, digital content started with consent, etc.).

Withdrawal must be sent to info@toutpourlehautbois.com.
Full refund within 14 days via the original payment method.
If performance has begun, the value of work already completed will be deducted.

11. Personal Data Processing

Registration involves processing of personal data in compliance with GDPR (EU Regulation 2016/679).
Clients have rights of access, rectification, modification, and opposition by contacting info@toutpourlehautbois.com.
Data are necessary for order processing and invoicing.

12. Sharing of Collected Data

Third parties may access data solely to perform specific tasks for Site operation.
Users may receive commercial offers from the Company or partners and may opt out at any time.
Data may be shared without prior consent to comply with law, prevent harm, fight fraud, or protect property rights.

13. Data Protection

The Company implements appropriate security measures in accordance with GDPR, without obligation of result.

14. Cookies

The Site may place cookies to optimize navigation and store information.
Users can block or delete cookies via browser settings. Any resulting malfunction does not entitle compensation.

15. Modifications

The Company may modify the Site, Services, GTCS/GTCU, delivery procedures, or any related element at any time.
The applicable terms are those in force at the time of the Order.

16. Liability

The Company is not liable for Site unavailability or service interruptions, including for maintenance or updates.
The Company is not liable for delays caused by events beyond its control.

17. Intellectual Property

The brand, logo, and graphic charter are registered trademarks protected by intellectual property law. Any unauthorized use may lead to civil and criminal proceedings.

18. Jurisdiction Clause

These GTCS/GTCU are governed by French law.
Disputes shall first be attempted to be resolved amicably; failing that, they will be submitted to the competent courts.
Clients may use consumer mediation or alternative dispute resolution.

19. Pre-contractual Information

Before ordering, the Client acknowledges having received clear information required by Articles L111-1 to L111-7 of the French Consumer Code, including:
• essential characteristics of the Services
• price
• service delivery date or period
• Company identity and contact details
• legal and contractual guarantees
• mediation options
• withdrawal rights

Placing an Order implies full acceptance of these GTCS/GTCU.

Saint-Martin-de-Boscherville, 11/04/2019